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Occupational Health and Safety Regulations

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					 Occupational Health and Safety Regulations 2007
                             S.R. No. 54/2007


                      TABLE OF PROVISIONS
Regulation                                                              Page

CHAPTER 1—PRELIMINARY                                                      1
PART 1.1—INTRODUCTORY MATTERS                                              1
 1.1.1       Objectives                                                    1
 1.1.2       Authorising provisions                                        2
 1.1.3       Commencement                                                  3
 1.1.4       Revocation of existing Regulations                            3
 1.1.5       Definitions                                                   3
 1.1.6       Determinations of Authority                                  44
 1.1.7       Act compliance notes                                         45
 1.1.8       Independent contractors                                      45
 1.1.9       Health and safety representatives                            46
 1.1.10      Designers, manufacturers and suppliers                       46
 1.1.11      References to Parts                                          47
PART 1.2—INCORPORATED DOCUMENTS                                           48
 1.2.1       Documents incorporated as in force from time to time         48
 1.2.2       Publication date of amendments to certain incorporated
             documents                                                    48
 1.2.3       Date of effect of amendments to incorporated documents       49
 1.2.4       Inconsistencies between provisions                           49

CHAPTER 2—GENERAL DUTIES AND ISSUE RESOLUTION                             50
PART 2.1—GENERAL DUTIES                                                   50
 2.1.1       Proper installation, use and maintenance of risk control
             measures                                                     50
 2.1.2       Provision of information, instruction and training           50
 2.1.3       Medical examinations and health surveillance                 51
 2.1.4       Reports of health surveillance to be confidential            51
 2.1.5       How to involve health and safety representatives in
             consultation                                                 52




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PART 2.2—ISSUE RESOLUTION PROCEDURES                                     54
 2.2.1       Application of Part                                         54
 2.2.2       Parties to the resolution of issues                         54
 2.2.3       Procedure for reporting issues                              55
 2.2.4       Procedure for resolving issues                              56

CHAPTER 3—PHYSICAL HAZARDS                                               58
PART 3.1—MANUAL HANDLING                                                 58
 3.1.1       Hazard identification                                       58
 3.1.2       Control of risk                                             58
 3.1.3       Review of risk control measures                             60
PART 3.2—NOISE                                                           63
Division 1—Duties of designers, manufacturers and suppliers of
plant                                                                    63
 3.2.1       Designers                                                   63
 3.2.2       Manufacturers                                               63
 3.2.3       Suppliers                                                   64
Division 2—Duties of employers                                           64
 3.2.4       Control of exposure to noise                                64
 3.2.5       Written record of risk control measures                     66
 3.2.6       Hearing protector signs and labels                          67
 3.2.7       Determination of exposure to noise                          67
 3.2.8       Record of determinations                                    68
 3.2.9       Review of risk control measures                             69
 3.2.10      Acquisition of plant                                        70
 3.2.11      Audiometric tests                                           70
 3.2.12      Audiological examinations                                   71
 3.2.13      Report of audiological examination                          71
 3.2.14      Test results and examination reports                        71
PART 3.3—PREVENTION OF FALLS                                             73
Division 1—Introductory matters                                          73
 3.3.1       Application of Part                                         73
 3.3.2       Application to employers of emergency service employees     74
Division 2—Duties of employers                                           75
 3.3.3       Hazard identification                                       75
 3.3.4       Control of risk                                             75
 3.3.5       Use of ladder as a control measure                          77
 3.3.6       Use of administrative control only                          78




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 3.3.7       Use of plant to control risk                                79
 3.3.8       Review of risk control measures                             79
 3.3.9       Emergency procedures                                        80
PART 3.4—CONFINED SPACES                                                 82
Division 1—Introductory matters                                          82
 3.4.1       Application to employers of emergency service employees     82
Division 2—Duties of designers, manufacturers and suppliers of
plant                                                                    82
 3.4.2       Designers                                                   82
 3.4.3       Manufacturers                                               83
 3.4.4       Suppliers                                                   84
Division 3—Duties of employers                                           84
 3.4.5       Application of Division                                     84
 3.4.6       Hazard identification                                       85
 3.4.7       Control of risk                                             85
 3.4.8       Isolation of plant and services                             86
 3.4.9       Atmosphere                                                  87
 3.4.10      Fire or explosion                                           88
 3.4.11      Flammable gases or vapours                                  88
 3.4.12      Signs                                                       89
 3.4.13      Review of risk control measures                             90
 3.4.14      Confined space entry permit                                 91
 3.4.15      Employer to retain entry permits                            91
 3.4.16      Communication and initiation of emergency procedures        92
 3.4.17      Procedures to indicate entry into confined space            92
 3.4.18      Procedures to ensure exit from confined space               92
 3.4.19      Record of exit from confined space                          93
 3.4.20      Emergency procedures                                        93
 3.4.21      Emergency procedures—personal protective equipment          94
 3.4.22      Emergency procedures—entry and exit for rescue              95
 3.4.23      Emergency procedures—maintenance of plant                   96
 3.4.24      Information, instruction and training                       96
Division 4—Duties of self-employed persons                               97
 3.4.25      Self-employed person to have the same duties as an
             employer                                                    97
PART 3.5—PLANT                                                           98
Division 1—Introductory matters                                          98
 3.5.1       Application of Part                                         98
 3.5.2       Hazard identification may be for classes of plant           99




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Division 2—Duties of designers of plant                              100
 3.5.3       Hazard identification                                   100
 3.5.4       Guarding                                                100
 3.5.5       Operator's controls                                     102
 3.5.6       Operational stop controls and emergency stop devices    103
 3.5.7       Warning devices                                         104
 3.5.8       Provision of information to manufacturer                105
 3.5.9       Hazard identified in design during manufacture          105
 3.5.10      Records and information                                 106
 3.5.11      Record of standards or engineering principles used      107
Division 3—Duties of manufacturers of plant                          108
 3.5.12      Control of risk                                         108
 3.5.13      Information must be obtained and provided               109
 3.5.14      Records and information                                 110
Division 4—Duties of suppliers of plant                              111
Subdivision 1—General                                                111
 3.5.15      Application of Subdivision                              111
 3.5.16      General duties                                          111
 3.5.17      Information to be obtained and provided                 111
 3.5.18      Roll-over protection on tractors                        113
Subdivision 2—Supplier who hires or leases plant                     114
 3.5.19      Inspection and maintenance                              114
 3.5.20      Records                                                 114
Subdivision 3—Agents who sell plant                                  115
 3.5.21      Information must be obtained and provided               115
Division 5—Duties of employers who use plant                         115
Subdivision 1—Application of Division                                115
 3.5.22      Application of Division                                 115
Subdivision 2—Control of risk—generally                              115
 3.5.23      Hazard identification                                   115
 3.5.24      Control of risk                                         116
 3.5.25      Guarding                                                117
 3.5.26      Operator's controls                                     119
 3.5.27      Operational stop controls and emergency stop devices    120
 3.5.28      Warning devices                                         121
 3.5.29      Installation, etc. of plant                             121
 3.5.30      Use of plant                                            122
 3.5.31      Record of inspections and maintenance                   122
 3.5.32      Plant not in use                                        123



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Subdivision 3—Control of risk in relation to specific plant              123
  3.5.33     Subdivision not to limit regulations 3.5.24 to 3.5.32       123
  3.5.34     Powered mobile plant                                        123
  3.5.35     Warning devices on powered mobile plant                     124
  3.5.36     Roll-over protection on tractors                            125
  3.5.37     Industrial lift trucks                                      126
  3.5.38     Warning devices on industrial lift trucks                   127
  3.5.39     Electrical plant and electrical hazards                     127
  3.5.40     Plant used to lift or suspend loads                         127
  3.5.41     Lifts                                                       129
  3.5.42     Notice of safe working load of lift                         131
  3.5.43     Scaffolds                                                   131
Subdivision 4—Other duties                                               132
  3.5.44     Review of risk control measures                             132
  3.5.45     Information, instruction and training                       133
Division 6—Duties of self-employed persons                               134
  3.5.46     Self-employed person to have the same duties as employer    134
Division 7—Plant designs and items of plant to be registered             135
Subdivision 1—Registration of plant designs                              135
  3.5.47     Plant designs to be registered                              135
  3.5.48     Altered plant designs to be registered                      136
  3.5.49     Recognition of interstate designs                           136
Subdivision 2—Registration of items of plant                             137
  3.5.50     Items of plant to be registered                             137
  3.5.51     Recognition of interstate registration                      137
PART 3.6—HIGH RISK WORK                                                  139
Division 1—Requirement to be licensed                                    139
  3.6.1      Requirement to hold a licence                               139
  3.6.2      Employer must not use unlicensed employees to do high
             risk work                                                   139
  3.6.3      Exceptions                                                  140
  3.6.4      Recognition of interstate licences                          140
Division 2—Training                                                      141
  3.6.5      Person in training to be under direct supervision           141
  3.6.6      Person conducting training must ensure supervision          142




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Division 3—Assessments of competency                                 142
 3.6.7       How to obtain an assessment of competency               142
 3.6.8       Method of assessment                                    143
 3.6.9       Process for re-assessment                               144
 3.6.10      Person may work while application is being processed    144
 3.6.11      Authorisation to carry out assessments of competency    144

CHAPTER 4—HAZARDOUS SUBSTANCES AND MATERIALS                         146
PART 4.1—HAZARDOUS SUBSTANCES                                        146
Division 1—Introductory matters                                      146
 4.1.1       Application of Part                                     146
Division 2—Duties of manufacturers and suppliers                     147
Subdivision 1—Introductory matters                                   147
 4.1.2       Application of Division                                 147
 4.1.3       Certain regulations not to apply                        147
Subdivision 2—Determination of substances                            148
 4.1.4       Determination of hazardous substances                   148
Subdivision 3—Material Safety Data Sheet                             148
 4.1.5       Preparation of an MSDS                                  148
 4.1.6       What must an MSDS contain?                              149
 4.1.7       Review and revision of MSDS                             151
 4.1.8       Duty to provide current MSDS                            151
Subdivision 4—Labels                                                 152
 4.1.9       Manufacturers and importing suppliers must label
             containers                                              152
 4.1.10      Recognition of other labelling systems                  153
 4.1.11      Supplier must ensure container is labelled              155
 4.1.12      Disclosure of chemical name to registered medical
             practitioner                                            155
Division 3—Duties of employers and self-employed persons             155
Subdivision 1—Prohibited hazardous substances                        155
 4.1.13      Prohibited hazardous substances                         155
Subdivision 2—Duties of employer                                     156
 4.1.14      Application of Subdivision                              156
 4.1.15      MSDS to be obtained                                     157
 4.1.16      Currency of MSDS                                        158
 4.1.17      MSDS must be readily accessible                         158



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 4.1.18      Information in MSDS must not be altered                    158
 4.1.19      Containers must be labelled                                159
 4.1.20      How long must a container be labelled?                     160
 4.1.21      Identification of hazardous substances in plant            160
 4.1.22      Identification of containers of waste                      161
 4.1.23      Register of hazardous substances                           161
 4.1.24      Control of risk                                            162
 4.1.25      Review of risk control measures                            163
 4.1.26      Exposure standard must not be exceeded                     164
 4.1.27      Atmospheric monitoring                                     165
 4.1.28      Provision of results of atmospheric monitoring             165
 4.1.29      Records of atmospheric monitoring                          166
 4.1.30      Health surveillance                                        166
 4.1.31      Copy of report to Authority                                168
 4.1.32      Records of health surveillance                             168
PART 4.2—SCHEDULED CARCINOGENIC SUBSTANCES                              169
 4.2.1       Application of Part                                        169
 4.2.2       Supply of scheduled carcinogenic substances                169
 4.2.3       Requirement to hold carcinogens licence                    170
 4.2.4       Records                                                    171
 4.2.5       Statement of work with scheduled carcinogenic substance    172
PART 4.3—ASBESTOS                                                       173
Division 1—Introductory matters                                         173
 4.3.1       Application of Part                                        173
Division 2—General requirements                                         173
 4.3.2       Control risk of exposure—person who manages or controls
             workplace                                                  173
 4.3.3       Control risk of exposure—employer or self-employed
             person                                                     174
 4.3.4       Determination of employee's exposure                       175
 4.3.5       Results of atmospheric monitoring to be available          175
 4.3.6       Analysis by approved asbestos analyst                      175
Division 3—Prohibitions under the Occupational Health and
Safety Act 2004                                                         176
 4.3.7       Asbestos removal work                                      176
 4.3.8       Removal of contaminated protective clothing                176
 4.3.9       Use of certain tools or instruments                        177
Division 4—Prohibitions under the Dangerous Goods Act 1985              179
Subdivision 1—General                                                   179
 4.3.10      General exclusions                                         179



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Subdivision 2—Prohibitions                                                180
 4.3.11      Manufacture of asbestos                                      180
 4.3.12      Supply of asbestos                                           180
 4.3.13      Storage of asbestos                                          181
 4.3.14      Transport of asbestos                                        182
 4.3.15      Sale of asbestos                                             183
 4.3.16      Use of asbestos                                              183
 4.3.17      Re-use, installation and replacement of asbestos             184
 4.3.18      Exemptions for chrysotile                                    184
Division 5—Asbestos in workplaces                                         187
Subdivision 1—Application of Division                                     187
 4.3.19      Application of Division                                      187
Subdivision 2—Duties of persons who manage or control
workplaces                                                                187
 4.3.20      Identification of asbestos                                   187
 4.3.21      Asbestos register                                            189
 4.3.22      Asbestos register to be kept current                         190
 4.3.23      Access to asbestos register                                  190
 4.3.24      Provision of register by person relinquishing management
             or control                                                   191
 4.3.25      Control of risk                                              192
 4.3.26      Review of risk control measures                              192
Subdivision 3—Duties of employer                                          193
 4.3.27      Identification of asbestos                                   193
 4.3.28      Information about risks to be given to person who manages
             or controls workplace                                        195
 4.3.29      Employer's asbestos register                                 195
 4.3.30      Employer's asbestos register to be kept current              196
 4.3.31      Access to employer's asbestos register                       196
 4.3.32      Control of risk                                              197
 4.3.33      Review of risk control measures                              198
Division 6—Demolition and refurbishment where asbestos is
present                                                                   199
 4.3.34      Application of Division                                      199
 4.3.35      Review of asbestos register                                  200
 4.3.36      Review of employer's asbestos register                       200
 4.3.37      Copies of asbestos registers to be obtained                  201
 4.3.38      Determination of presence of asbestos                        202
 4.3.39      Identification and removal of asbestos before demolition     203
 4.3.40      Identification and removal of asbestos before
             refurbishment                                                205



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 4.3.41      Requirements for asbestos removal work                       205
 4.3.42      Emergency procedures                                         206
 4.3.43      Notice to Authority                                          208
Division 7—Removal of asbestos                                            208
Subdivision 1—General                                                     208
 4.3.44      Application of Division                                      208
Subdivision 2—Limited asbestos removal work                               209
 4.3.45      Limited asbestos removal work without licence permitted      209
 4.3.46      Training record                                              209
 4.3.47      Self-employed persons performing asbestos removal work
             to have appropriate training                                 210
 4.3.48      Asbestos register must be obtained                           210
 4.3.49      Provision of information about proposed asbestos removal
             work                                                         211
 4.3.50      Protective clothing and protective equipment                 212
 4.3.51      Signs                                                        212
 4.3.52      Decontamination facilities and non removal of personal
             protective clothing or equipment                             212
 4.3.53      Decontamination of equipment                                 213
 4.3.54      Elimination of airborne asbestos fibres                      213
 4.3.55      Waste containment                                            214
 4.3.56      Disposal of asbestos waste                                   214
 4.3.57      Laundering of clothing contaminated with asbestos            215
 4.3.58      Medical examinations                                         216
 4.3.59      Notice of medical practitioner                               217
 4.3.60      Results of medical examinations                              217
Subdivision 3—Licensed asbestos removal work                              218
 4.3.61      Person not to perform asbestos removal work unless
             licensed                                                     218
 4.3.62      Appointment of asbestos removal supervisors                  218
 4.3.63      Asbestos removal supervisor to be accessible                 219
 4.3.64      Information to job applicants                                219
 4.3.65      Persons performing asbestos removal work to be trained       220
 4.3.66      Training record to be made                                   220
 4.3.67      Training record to be retained and made available            220
 4.3.68      Asbestos register to be obtained                             221
 4.3.69      Asbestos control plan                                        221
 4.3.70      Asbestos control plan to be made available and accessible    222
 4.3.71      Elimination of airborne asbestos fibres                      222
 4.3.72      Requirements in respect of airborne asbestos fibres          223
 4.3.73      Protective clothing and protective equipment for
             employees                                                    224
 4.3.74      Signs and barricades                                         224



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 4.3.75      Decontamination facilities                                  225
 4.3.76      Waste containment                                           226
 4.3.77      Disposal of asbestos waste                                  227
 4.3.78      Laundering of clothing contaminated with asbestos           227
 4.3.79      Medical examinations                                        228
 4.3.80      Notice of medical practitioner                              229
 4.3.81      Results of medical examinations                             229
Subdivision 4—Additional duties—friable material                         230
 4.3.82      Application of Subdivision                                  230
 4.3.83      Asbestos removal supervisor to be on-site                   230
 4.3.84      Specific measures to control risk                           230
 4.3.85      Air monitoring required before commencement of removal
             work                                                        231
 4.3.86      Results air monitoring to be readily accessible             232
 4.3.87      Use of glove bags                                           232
 4.3.88      Requirements at the end of removal work                     232
Subdivision 5—Duties of person who commissioned asbestos
removal work                                                             233
 4.3.89      Application of Subdivision                                  233
 4.3.90      Employers in immediate and adjacent areas to be informed    233
 4.3.91      Asbestos paraoccupational air monitoring                    234
 4.3.92      Results of monitoring to be made available                  234
 4.3.93      Requirements at end of removal work                         235
 4.3.94      Results of monitoring to go to licence holder               236
 4.3.95      Independent person to be qualified                          236
 4.3.96      Clearance certificates                                      236
Subdivision 6—Notification procedures                                    237
 4.3.97      Notification of asbestos removal work                       237
 4.3.98      Notification in an unexpected situation                     238
Subdivision 7—Duty of employer at a workplace to inform                  239
 4.3.99      Information to be provided to those in area                 239
Division 8—Activities involving asbestos                                 239
 4.3.100     Application of Division                                     239
 4.3.101     Identification of asbestos-related activities               240
 4.3.102     Uncertainty as to presence of asbestos                      241
 4.3.103     Asbestos register must be obtained                          241
 4.3.104     Elimination of airborne asbestos fibres                     242
 4.3.105     Specific measures to control risk                           242
 4.3.106     Review of risk control measures                             243
 4.3.107     Work area to be separate and signed                         244
 4.3.108     Work area to be kept clean                                  245
 4.3.109     Medical examinations                                        245


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 4.3.110     Results of atmospheric monitoring to be made available     246
 4.3.111     Notice of medical practitioner                             247
 4.3.112     Results of medical examination                             247
 4.3.113     Decontamination facilities                                 248
 4.3.114     Waste containment                                          248
 4.3.115     Disposal of asbestos waste                                 249
 4.3.116     Laundering of clothing contaminated with asbestos          249
 4.3.117     Provision of information to job applicants                 250
 4.3.118     Training record                                            250
PART 4.4—LEAD                                                           252
Division 1—Introductory matters                                         252
 4.4.1       Application of Part                                        252
 4.4.2       What is a lead process?                                    252
 4.4.3       Females taken to be of reproductive capacity               254
 4.4.4       Authority may determine lead process                       255
 4.4.5       Medical examinations and biological monitoring             255
Division 2—Duties of employer                                           255
Subdivision 1—Provision of information                                  255
 4.4.6       Information to job applicants                              255
 4.4.7       Information to employees                                   256
Subdivision 2—Control of risks associated with lead processes           256
 4.4.8       Control of risk                                            256
 4.4.9       Review of risk control measures                            257
 4.4.10      Lead exposure standard not to be exceeded                  258
 4.4.11      Provision of results of monitoring                         259
 4.4.12      Containment of lead                                        259
 4.4.13      Cleaning methods                                           259
 4.4.14      Prohibition on eating, drinking and smoking                260
 4.4.15      Provision of changing and washing facilities               260
 4.4.16      Laundering, disposal and removal of protective clothing    261
Subdivision 3—Lead-risk jobs                                            261
 4.4.17      What is a lead-risk job?                                   261
 4.4.18      Identification of lead-risk jobs                           262
 4.4.19      Notification and recording of a lead-risk job              263
 4.4.20      Health surveillance before first starting lead-risk job    264
 4.4.21      Health surveillance for jobs subsequently identified as
             lead-risk job                                              264
 4.4.22      Frequency of biological monitoring                         265
 4.4.23      Removal from lead-risk job                                 267
 4.4.24      Medical examination if removed from lead-risk job          268
 4.4.25      Return after medical removal                               268
 4.4.26      Requirements for medical examinations                      269


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 4.4.27      Information to go to Authority                                 271
 4.4.28      Records                                                        272
Division 3—Employee duties                                                  272
 4.4.29      Eating, drinking, smoking etc.                                 272

CHAPTER 5—HAZARDOUS INDUSTRIES                                              273
PART 5.1—CONSTRUCTION                                                       273
Division 1—Introductory matters                                             273
 5.1.1       Application of Part                                            273
 5.1.2       What is construction work?                                     273
 5.1.3       What is high risk construction work?                           275
 5.1.4       What is a structure?                                           276
 5.1.5       What is a safe work method statement?                          277
 5.1.6       Self-employed person to have the same duties as an
             employer                                                       277
Division 2—Control of risk                                                  278
Subdivision 1—Duties of employers                                           278
 5.1.7       Control of risk                                                278
 5.1.8       Review of risk control measures                                279
 5.1.9       Safe work method statement required for high risk
             construction work                                              280
 5.1.10      Safe work method statement to be reviewed and revised          281
 5.1.11      Copy of safe work method statement to be retained              282
 5.1.12      Site-specific training                                         282
Subdivision 2—Duties of principal contractors                               282
 5.1.13      Application of Subdivision                                     282
 5.1.14      Who is the principal contractor for a construction project?    282
 5.1.15      Signage of principal contractor                                283
 5.1.16      Health and safety co-ordination plans                          283
 5.1.17      Content of health and safety co-ordination plans               284
 5.1.18      Health and safety co-ordination plan available for
             inspection                                                     284
Division 3—Induction training for construction work                         285
 5.1.19      Application of Division                                        285
 5.1.20      Construction induction training to be provided                 286
 5.1.21      Requirement to be registered                                   287
 5.1.22      Employer must not allow unregistered employee to
             perform construction work                                      287
 5.1.23      Temporary exemption                                            287
 5.1.24      Offence to refuse to accept construction induction card        288
 5.1.25      Record                                                         289


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Division 4—Notification of construction excavation work                      289
 5.1.26      Application of Division                                         289
 5.1.27      Requirement to notify intention to perform construction
             excavation work                                                 290
PART 5.2—MAJOR HAZARD FACILITIES                                             292
Division 1—Introductory matters                                              292
 5.2.1       Application of Part                                             292
 5.2.2       Application of Divisions 3, 5 and 10                            292
 5.2.3       Schedule 9 materials                                            292
Division 2—General provisions                                                293
 5.2.4       Authority may require information                               293
Division 3—Safety duties of operators                                        294
 5.2.5       Safety Management System                                        294
 5.2.6       Identification of major incidents and major incident
             hazards                                                         295
 5.2.7       Safety Assessment                                               296
 5.2.8       Control of risk                                                 298
 5.2.9       Emergency plan                                                  298
 5.2.10      Emergency plan must be tested                                   300
 5.2.11      Emergency plan to be put into action in the event of a
             major incident                                                  300
 5.2.12      Review by operator                                              301
 5.2.13      Safety role for employees                                       302
Division 4—Safety Case                                                       303
 5.2.14      Operator to provide Safety Case                                 303
 5.2.15      Content of Safety Case                                          304
 5.2.16      Co-ordination of Safety Cases                                   306
 5.2.17      Review of Safety Case                                           306
Division 5—Consulting, informing, instructing and training                   307
 5.2.18      Consultation with employees and health and safety
             representatives                                                 307
 5.2.19      Information, instruction and training                           308
 5.2.20      Record of training                                              309
 5.2.21      Further information and access to documents                     309
 5.2.22      Response to employee alert at major hazard facility             309
 5.2.23      Information and instruction to non-employees at the facility    310
 5.2.24      Information to local community                                  310
 5.2.25      Further information on request                                  312




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Division 6—Duties of employees                                          313
  5.2.26     General requirements                                       313
Division 7—Determination of major hazard facility                       313
  5.2.27     Operators of certain facilities to notify Authority        313
  5.2.28     Content of notification                                    314
  5.2.29     Authority may determine facility to be a major hazard
             facility                                                   314
  5.2.30     Inquiry before making determination                        315
  5.2.31     Written notice of determination                            316
  5.2.32     Effect of determination                                    316
Division 8—Duties of operator of registered major hazard facility       317
  5.2.33     Outline of Safety Case                                     317
Division 9—Requirement to be licensed or registered                     319
  5.2.34     Only licensed or registered major hazard facility to be
             operated                                                   319
Division 10—Controls under Dangerous Goods Act 1985—
Protection of property                                                  319
  5.2.35     Risk control measures                                      319
  5.2.36     Property Protection Assessment                             319
  5.2.37     Review of Property Protection Assessment                   320
PART 5.3—MINES                                                          322
Division 1—Introductory matters                                         322
  5.3.1      What is a mine?                                            322
  5.3.2      What is a mining hazard?                                   323
  5.3.3      What is a prescribed mine?                                 324
  5.3.4      Determination that mine is a prescribed mine               324
  5.3.5      Inquiry before making determination                        324
  5.3.6      Drugs and alcohol                                          325
Division 2—Safety duties of mine operators                              325
Subdivision 1—Risk control in all mines                                 325
  5.3.7      Identification of mining hazards and assessment of risk    325
  5.3.8      Control of risk                                            326
  5.3.9      Review by operator                                         327
Subdivision 2—Specific safety duties in all mines                       328
  5.3.10     Application of this Subdivision                            328
  5.3.11     Who may enter mine                                         328
  5.3.12     Alcohol and drugs                                          329
  5.3.13     Employee fatigue                                           330



                                      xiv
Regulation                                                             Page

 5.3.14      Health surveillance                                        330
 5.3.15      Report of health surveillance                              331
 5.3.16      Notice to Authority                                        332
 5.3.17      Report provided on person ceasing work at mine             333
 5.3.18      Communication in the event of an employee working alone    333
 5.3.19      Communication in respect of shift change-over              333
Subdivision 3—Additional duties in prescribed mines                     334
 5.3.20      Application of this Subdivision                            334
 5.3.21      Safety Management System                                   334
 5.3.22      Review of Safety Management System                         335
 5.3.23      Safety Assessment of major mining hazards                  336
 5.3.24      Testing risk control measures for major mining hazards     337
 5.3.25      Safety role for employees                                  338
 5.3.26      Shafts and winding                                         339
 5.3.27      Progress of mine workings                                  341
 5.3.28      Emergency exit                                             342
 5.3.29      Filling                                                    342
 5.3.30      Working environment                                        342
 5.3.31      Ventilation system                                         343
 5.3.32      Record of monitoring and testing                           344
 5.3.33      Prohibitions                                               345
 5.3.34      Emergency plan                                             345
 5.3.35      Self-rescue                                                347
 5.3.36      Plan of mine                                               347
 5.3.37      Plan of mine to be available for inspection                348
Division 3—Consultation and information                                 349
 5.3.38      Consultation with employees and health and safety
             representatives                                            349
 5.3.39      Information about adoption of control measure              349
 5.3.40      Information, instruction and training                      350
 5.3.41      Record of training                                         351
 5.3.42      Further information and availability of documents in
             respect of prescribed mines                                351
 5.3.43      Response to employee alert at prescribed mine              351
 5.3.44      Information to visitors                                    352
 5.3.45      Information to job applicants                              352
Division 4—Duties of employees                                          353
 5.3.46      General requirements                                       353
 5.3.47      Major mining hazards in prescribed mines                   354




                                      xv
Regulation                                                                   Page

CHAPTER 6—LICENSING AND REGISTRATION                                          355
PART 6.1—LICENCES                                                             355
Division 1—Applications                                                       355
Subdivision 1—General provisions                                              355
 6.1.1       Matters to be included in licence applications                   355
 6.1.2       Application fees                                                 356
 6.1.3       How licence applications are to be dealt with                    357
 6.1.4       Time for processing the application                              359
 6.1.5       Authority may request additional information                     359
 6.1.6       Procedure if the Authority proposes to refuse to grant a
             licence                                                          361
 6.1.7       Form of evidence of licence document                             362
 6.1.8       When licences start and end                                      363
Subdivision 2—Additional provisions in relation to high risk work
licences                                                                      363
 6.1.9       Additional information to be included in licence
             applications                                                     363
 6.1.10      Additional matters to be satisfied before a licence can be
             granted                                                          364
Subdivision 3—Additional provisions in relation to asbestos
removal licences                                                              366
 6.1.11      Restriction on who may apply for a licence                       366
 6.1.12      Scope of licence                                                 366
 6.1.13      Additional information to be included in licence
             application                                                      366
 6.1.14      Additional matters to be satisfied before a licence can be
             granted                                                          368
Subdivision 4—Additional provisions in relation to carcinogens
licences                                                                      369
 6.1.15      Restriction on who may apply for a licence                       369
 6.1.16      Additional information to be included in licence
             applications                                                     369
 6.1.17      Fee to be paid before a licence can be granted                   370
Subdivision 5—Additional provisions in relation to major hazard
facility licences                                                             371
 6.1.18      Restriction on who may apply for a licence                       371
 6.1.19      Time limit for applications in relation to a registered major
             hazard facility                                                  371
 6.1.20      Additional information to be included in licence
             applications                                                     371



                                      xvi
Regulation                                                                  Page

 6.1.21      Additional matters to be satisfied before a licence can be
             granted                                                         371
 6.1.22      Additional time limits on notifying applicants                  372
 6.1.23      Fee to be paid before a licence can be granted                  373
Division 2—Other provisions concerning licences                              374
Subdivision 1—General                                                        374
 6.1.24      Authority may impose terms and conditions on licences           374
 6.1.25      Licence holder must comply with terms and conditions            375
 6.1.26      Changes to information provided in a licence application        375
 6.1.27      Licence holder to keep evidence of licence available            376
 6.1.28      Replacement of lost, stolen or destroyed licence
             documents                                                       376
 6.1.29      Nomination of additional asbestos removal supervisors           377
Subdivision 2—Additional provisions in relation to major hazard
facility licences                                                            377
 6.1.30      Transfer                                                        377
 6.1.31      Notification of licence details in the Government Gazette       378
 6.1.32      Additional requirements concerning availability of copy
             of licence                                                      378
Division 3—Amendment of licences                                             379
 6.1.33      Authority may amend a licence unilaterally                      379
 6.1.34      Authority may amend a licence at the request of the licence
             holder                                                          380
 6.1.35      Evidence of licence document to be returned on request if
             licence amended                                                 381
Division 4—Renewal of licences                                               381
 6.1.36      Application for the renewal of a licence (except a high risk
             work licence)                                                   381
 6.1.37      Time in which licence continues to have effect                  383
 6.1.38      Application for the renewal of a high risk work licence         384
 6.1.39      Transfer of authorising jurisdiction on renewal of high risk
             work licence                                                    385
 6.1.40      Renewal fees for certain licences                               385
 6.1.41      Fee to be paid before carcinogens licence can be renewed        386
 6.1.42      Additional information required for the renewal of a major
             hazard facility licence                                         386
 6.1.43      Fee to be paid before a major hazard facility licence can
             be renewed                                                      386




                                      xvii
Regulation                                                                 Page

Division 5—Suspension and cancellation of licences                          387
 6.1.44      Grounds of suspension or cancellation                          387
 6.1.45      Matters that may be taken into account                         389
 6.1.46      Automatic suspension or cancellation of high risk work
             licences                                                       390
 6.1.47      Process for suspending or cancelling a licence in all other
             cases                                                          391
 6.1.48      Extension of date of suspension or cancellation if review
             sought                                                         393
 6.1.49      Partial suspension or cancellation of a high risk work
             licence                                                        394
 6.1.50      Flow on suspension or cancellation of some high risk work
             licences                                                       395
 6.1.51      Authority may grant alternative asbestos removal licence       396
 6.1.52      Inquiry into interstate high risk work licences                396
 6.1.53      Request to suspend or cancel a licence                         397
 6.1.54      Evidence of licence document of suspended or cancelled
             licence must be surrendered on demand                          397
PART 6.2—REGISTRATION                                                       398
Division 1—Application                                                      398
 6.2.1       Application of this Part                                       398
Division 2—Registration of plant designs                                    398
 6.2.2       Application for registration of plant design                   398
 6.2.3       Information to be included in application                      398
 6.2.4       Duties of various people associated with design
             verification                                                   400
 6.2.5       Authority to notify applicant of deferral                      401
 6.2.6       Notice of registration                                         402
 6.2.7       Registration to be of unlimited duration                       402
 6.2.8       Proof of registration of plant design must be shown if
             requested                                                      402
Division 3—Registration of plant                                            403
 6.2.9       Application for registration or renewal of registration of
             plant                                                          403
 6.2.10      Information to be included in application                      403
 6.2.11      Authority to notify applicant of deferral                      404
 6.2.12      Notice of registration                                         405
 6.2.13      Registration of plant expires after 5 years                    405
 6.2.14      Notice if registered plant or its ownership alters             406




                                        xviii
Regulation                                                                Page

Division 4—Registration to perform construction work                       406
 6.2.15      Application for registration to perform construction work     406
 6.2.16      Authority may refuse to recognise or accept a construction
             statement of attainment obtained by fraud                     407
 6.2.17      Construction induction card                                   407
 6.2.18      Persons taken to be registered                                408
 6.2.19      Registration to be of unlimited duration                      408
 6.2.20      Destruction, loss and replacement of construction
             induction cards                                               408
 6.2.21      Lapse of registration and currency of construction
             induction cards                                               409
Division 5—Registration of major hazard facilities                         409
 6.2.22      Eligibility to apply for registration to operate a major
             hazard facility                                               409
 6.2.23      Information to be included in application                     410
 6.2.24      Registration of major hazard facilities                       411
 6.2.25      Notice of registration                                        412
 6.2.26      Registration expiry date                                      412
 6.2.27      Variation of registration expiry date                         413
 6.2.28      Expiry of registration                                        414
Division 6—Withdrawal of registration                                      415
 6.2.29      Authority may withdraw registration based on false or
             misleading information                                        415
 6.2.30      Authority may withdraw registrations on request               416
Division 7—General                                                         416
 6.2.31      Evidence of registration to be kept available                 416
 6.2.32      Changes to registration information provided                  416
PART 6.3—REVIEW OF DECISIONS                                               418
 6.3.1       What is a reviewable decision?                                418
 6.3.2       What is a process review?                                     419
 6.3.3       Application for process review                                419
 6.3.4       Process for new decisions to be started within 7 days         421
 6.3.5       Right of Tribunal review                                      421
 6.3.6       Notices of decisions must contain a copy of review rights     422




                                       xix
Regulation                                                                Page

CHAPTER 7—ADMINISTRATIVE MATTERS AND
EXEMPTIONS                                                                 423
PART 7.1—ADMINISTRATIVE MATTERS                                            423
Division 1—Applications and notifications                                  423
 7.1.1       Form and information to be supplied                           423
 7.1.2       Return of incomplete applications or notifications            423
 7.1.3       Specific notifications                                        424
Division 2—Determinations                                                  424
 7.1.4       Authority must publish notice of determinations               424
 7.1.5       Determination to be made available                            425
Division 3—Notices                                                         425
 7.1.6       Means of giving written notice                                425
Division 4—Submissions                                                     426
 7.1.7       Form of submissions to the Authority                          426
Division 5—Entry permits for authorised representatives                    426
 7.1.8       Information to be included on entry permits                   426
PART 7.2—EXEMPTIONS                                                        428
 7.2.1       Authority may grant exemptions from these Regulations         428
 7.2.2       Exemptions in relation to high risk work                      429
 7.2.3       Who may apply for an exemption                                429
 7.2.4       Grounds on which an exemption (other than in relation to
             high risk work) may be granted                                429
 7.2.5       Grounds on which an exemption in relation to high risk
             work may be granted                                           431
 7.2.6       Applications                                                  432
 7.2.7       Consultation                                                  432
 7.2.8       Conditions                                                    433
 7.2.9       Form and contents of exemptions                               434
 7.2.10      Notice of exemptions to be given to individual applicants     435
 7.2.11      Notice of exemptions to be published                          435
 7.2.12      Additional obligation on the operator of a mine               436
 7.2.13      Notice of refusal                                             436
 7.2.14      Variation or revocation of exemption                          436
 7.2.15      Exemptions and variations not to have retrospective effect    437
 7.2.16      Terms and conditions to be made available                     437
 7.2.17      Fee for considering exemption application                     437




                                      xx
Regulation                                                                Page

CHAPTER 8—SAVING AND TRANSITIONAL PROVISIONS                               439
PART 8.1—GENERAL TRANSITIONAL PROVISIONS                                   439
 8.1.1       Commencement day                                              439
 8.1.2       General transitional provisions                               439
 8.1.3       Plant                                                         439
 8.1.4       Hazardous substances—MSDS                                     440
 8.1.5       Carcinogens licences and notifications                        440
 8.1.6       Asbestos                                                      441
 8.1.7       Transitional provision relating to principal contractors      442
 8.1.8       Major hazard facilities                                       443
 8.1.9       Exemptions                                                    444
 8.1.10      Determinations                                                444
 8.1.11      References to Acts                                            445
PART 8.2—HIGH RISK WORK                                                    446
 8.2.1       Definitions                                                   446
 8.2.2       Previous exemptions cease to have effect                      447
 8.2.3       Certificates to continue to have effect                       447
 8.2.4       Phased expiry of certificates of competency                   448
 8.2.5       Certain certificates continue to have effect until licence
             decision finally made                                         452
 8.2.6       Assessor authorisations to continue to have effect            452
 8.2.7       Only licences may be endorsed on or after 1 July 2007         453
 8.2.8       Operation of self-erecting tower cranes                       454

CHAPTER 9—CONSEQUENTIAL AMENDMENTS                                         455
PART 9.1—AMENDMENTS TO THE DANGEROUS GOODS
(EXPLOSIVES) REGULATIONS 2000                                              455
 9.1.1       Definitions                                                   455
 9.1.2       Holders of major hazard facilities licences                   455
 9.1.3       Injury or property damage to be reported                      456
PART 9.2—AMENDMENTS TO THE DANGEROUS GOODS
(STORAGE AND HANDLING) REGULATIONS 2000                                    457
 9.2.1       Definitions                                                   457
 9.2.2       Exemptions—Major hazard facilities                            457
 9.2.3       Compliance with Occupational Health and Safety
             Regulations                                                   457
 9.2.4       Major hazard facilities to be licensed                        458
                            __________________




                                       xxi
Regulation                                                          Page

SCHEDULES                                                            459
SCHEDULE 1—Revocation of Regulations                                 459
SCHEDULE 2—Plant                                                     461
Plant Designs and Items of Plant to be Registered                    461
PART 1—PLANT REQUIRING REGISTRATION OF DESIGN                        461
PART 2—ITEMS OF PLANT REQUIRING REGISTRATION                         462
SCHEDULE 3—High Risk Work                                            464
Licence classes                                                      464
PART 1—LICENCE CLASSES FOR SCAFFOLDING AND
RIGGING                                                              464
  1     Definitions                                                  464
  2     Basic scaffolding licence                                    465
  3     Intermediate scaffolding licence                             466
  4     Advanced scaffolding licence                                 467
  5     Dogging licence                                              467
  6     Basic rigging licence                                        468
  7     Intermediate rigging licence                                 469
  8     Advanced rigging licence                                     469
PART 2—LICENCE CLASSES FOR CRANE, HOIST AND
FORK LIFT TRUCK OPERATION                                            470
  9     Definitions                                                  470
  10    Tower crane operation licence                                474
  11    Self-erecting tower crane operation licence                  474
  12    Derrick crane operation licence                              474
  13    Portal boom crane operation licence                          474
  14    Bridge and gantry crane operation licence                    474
  15    Vehicle loading crane operation licence                      474
  16    Non-slewing mobile crane operation licence                   474
  17    Slewing mobile crane operation licence (up to 20 tonnes)     475
  18    Slewing mobile crane operation licence (up to 60 tonnes)     475
  19    Slewing mobile crane operation licence (up to 100 tonnes)    475
  20    Slewing mobile crane operation licence (open/over
        100 tonnes)                                                  475
  21    Boom-type elevating work platform operation licence          476
  22    Materials hoist (cantilever platform) operation licence      476
  23    Hoist (personnel and materials) operation licence            476
  24    Winder operation licence                                     476
  25    Concrete placing boom operation licence                      476
  26    Fork-lift truck operation licence                            476
  27    Order-picking fork-lift truck operation licence              476




                                    xxii
Regulation                                                          Page

PART 3—LICENCE CLASSES FOR PRESSURE EQUIPMENT
OPERATION                                                            477
 28    Definitions                                                   477
 29    Basic boiler operation licence                                478
 30    Intermediate boiler operation licence                         478
 31    Advanced boiler operation licence                             479
 32    Turbine operation licence                                     479
 33    Reciprocating steam engine operation licence                  479

SCHEDULE 4—High Risk Work                                            480
Pressure Equipment For Which Licence is not Required                 480
 1     Definitions                                                   480
 2     Pressure equipment for which high risk work licence is not
       required                                                      480

SCHEDULE 5—Hazardous Substances                                      483
Substances Prohibited for Specified Uses                             483
SCHEDULE 6—Asbestos                                                  484
Categories of Asbestos-Containing Material Containing Chrysotile
Asbestos and their Uses                                              484
SCHEDULE 7—Asbestos                                                  485
Information Required to be Included in an Asbestos Control Plan      485
SCHEDULE 8—Asbestos                                                  487
Information Required to be Included in a Notification of Asbestos
Removal Work                                                         487
SCHEDULE 9—Major Hazard Facilities                                   489
Materials at Major Hazard Facilities (and their Threshold
Quantity)                                                            489
 1     Definitions                                                   489
 2     Relevant materials                                            489
 3     Threshold quantity of one material                            489
 4     Threshold quantity of more than one material                  490




                                  xxiii
Regulation                                                         Page

SCHEDULE 10—Major Hazard Facilities                                 497
Additional Matters to be Included in Safety Management System       497
 1      Safety policy and safety objectives                         497
 2      Organisation and personnel                                  497
 3      Operational controls                                        498
 4      Duties of operators                                         498
 5      Management of change                                        498
 6      Principles and standards                                    499
 7      Performance monitoring                                      499
 8      Audit                                                       500

SCHEDULE 11—Major Hazard Facilities                                 501
Matters to be Included in Emergency Plan                            501
 1      Site and hazard detail                                      501
 2      Command structure and site personnel                        502
 3      Notifications                                               503
 4      Resources                                                   503
 5      Procedures                                                  503

SCHEDULE 12—Major Hazard Facilities                                 505
Additional Matters to be Included in Safety Case                    505
 A      FACILITY DESCRIPTION                                        505
 1      The facility                                                505
 2      The surrounding area                                        506
 B      SAFETY INFORMATION                                          507
 3      Risk control measures to limit the consequences of major
        incidents                                                   507
 4      Performance Monitoring                                      508
 5      Safety Management System                                    508
 6      Unauthorised persons and control of access                  509
 7      Safety and reliability of plant                             509
 8      Major incident history                                      509

SCHEDULE 13—Entry Permit Statement                                  510
                           ═══════════════
ENDNOTES                                                            512
INDEX                                                               518




                                    xxiv
               STATUTORY RULES 2007


                       S.R. No. 54/2007
        Occupational Health and Safety Act 2004

Occupational Health and Safety Regulations 2007
 The Lieutenant-Governor as the Governor's Deputy with the
 advice of the Executive Council makes the following
 Regulations:
 Dated: 19 June 2007
 Responsible Minister:
   TIM HOLDING
   Minister for Finance, WorkCover and the Transport
   Accident Commission

                                                 RUTH LEACH
                                  Clerk of the Executive Council

           CHAPTER 1—PRELIMINARY

        PART 1.1—INTRODUCTORY MATTERS

1.1.1 Objectives
           The objectives of these Regulations are—
             (a) to further the objects of the Occupational
                 Health and Safety Act 2004 by—
                   (i) providing for health and safety in
                       relation to workplaces and hazards,
                       activities and things at workplaces; and
                   (ii) providing for the safe operation of
                        major hazard facilities and mines in
                        order to reduce the likelihood of a
                        serious incident occurring; and


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                           Part 1.1—Introductory Matters
r. 1.1.2


                            (iii) providing for the registration of certain
                                  people engaged in construction work at
                                  workplaces; and
                            (iv) providing for the licensing of certain
                                 people engaged in high risk work at
                                 workplaces; and
                             (v) providing procedures for the resolution
                                 of health and safety issues at
                                 workplaces; and
                            (vi) specifying the information to be
                                 included in entry permits issued under
                                 Part 8 of the Act; and
                           (vii) providing for other matters that are
                                 required or permitted by the Act or that
                                 are necessary to give effect to the Act;
                                 and
                       (b) to further the objects of the Dangerous
                           Goods Act 1985 by—
                             (i) prohibiting the use of asbestos; and
                             (ii) providing for the protection of property
                                  from damage from the use of dangerous
                                  goods at major hazard facilities.
           1.1.2 Authorising provisions
                 (1) This Chapter, Division 1 of Part 4.3, Division 1 of
                     Part 5.2 and Chapter 7 are made under section 158
                     of the Occupational Health and Safety Act 2004
                     and section 52 of the Dangerous Goods Act
                     1985.
                 (2) The remaining provisions of these Regulations
                     (except Division 4 of Part 4.3 and Division 10 of
                     Part 5.2 and Chapter 9) are made under
                     section 158 of the Occupational Health and
                     Safety Act 2004.




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                                                                 r. 1.1.3


       (3) Division 4 of Part 4.3, Division 10 of Part 5.2 and
           Chapter 9 are made under section 52 of the
           Dangerous Goods Act 1985.
1.1.3 Commencement
       (1) These Regulations (except regulation 6.1.9(b)(i),
           Part 5.1 and Division 4 of Part 6.2) come into
           operation on 1 July 2007.
       (2) Division 4 of Part 6.2 (except regulations 6.2.18
           and 6.2.21) comes into operation on 1 January
           2008.
       (3) Part 5.1 and regulations 6.1.9(b)(i), 6.2.18 and
           6.2.21 come into operation on 1 July 2008.
1.1.4 Revocation of existing Regulations
       (1) The Regulations set out in Schedule 1 are
           revoked.
       (2) The Regulations continued by sections 173(2) and
           174(2) of the Occupational Health and Safety
           Act 2004 are revoked.
1.1.5 Definitions
           In these Regulations—
           A-weighted means a measure using a filter
               designed to reflect the response of the human
               ear at low sound pressure levels;
           abseiling equipment means equipment used to
                manually lower or raise a person in a harness
                or seat, supported by one or more fibre ropes
                and includes the equipment used to anchor or
                haul the rope or ropes while abseiling;
           Act compliance provision means a provision of a
                kind referred to in regulation 1.1.7;
           ADG Code has the same meaning as it has in the
              Dangerous Goods Act 1985;




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                   Part 1.1—Introductory Matters
r. 1.1.5


             administrative control means a system of work or
                 a work procedure that is designed to
                 eliminate or reduce a risk, but does not
                 include—
                     (a) a physical control; or
                     (b) the use of personal protective
                         equipment;
             air-supplied respiratory protective equipment
                  means a device that supplies air to the wearer
                  from a source other than the ambient
                  atmosphere;
             alter, in relation to plant, means to change the
                   design of, add to, or take away from the plant
                   in such a way that may affect health or
                   safety, but does not include routine
                   maintenance, repairs or replacements;
             amusement structure means powered equipment
                 operated for hire or reward that provides
                 entertainment or amusement through
                 movement of the equipment, or part of the
                 equipment, or when passengers travel on,
                 around or along the equipment;
             approved asbestos analyst means an analyst
                 approved—
                     (a) by NATA to perform asbestos fibre
                         counting or to identify asbestos in
                         samples, and to issue findings as
                         endorsed reports under the authority of
                         a NATA accredited laboratory; or
                     (b) by some other scheme determined by
                         the Authority under regulation 1.1.6;




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        Part 1.1—Introductory Matters
                                                          r. 1.1.5


  Approved Criteria for Classifying Hazardous
      Substances means the Approved Criteria for
      Classifying Hazardous Substances (Third
      Edition) declared by the National
      Occupational Health and Safety Commission
      in 2004;
  AS 2030—Gas Cylinders means—
          (a) AS 2030.1 The verification, filling,
              inspection, testing and maintenance of
              cylinders for storage and transport of
              compressed gases, Part 1: Cylinders for
              compressed gases other than acetylene;
              and
          (b) AS 2030.2 The verification, filling,
              inspection, testing and maintenance of
              cylinders for storage and transport of
              compressed gases, Part 2: Cylinders for
              dissolved acetylene; and
          (c) AS 2030.4 The verification, filling,
              inspection, testing and maintenance of
              cylinders for storage and transport of
              compressed gases, Part 4: Welded
              cylinders—Insulated;
  asbestos means—
          (a) the fibrous form of the mineral silicates
              belonging to any one or a combination
              of the serpentine and amphibole groups
              of rock-forming minerals, including
              actinolite, amosite (brown asbestos),
              anthophyllite, crocidolite (blue
              asbestos), chrysotile (white asbestos) or
              tremolite; or
          (b) any material or object, whether natural
              or manufactured, that contains one or
              more of the mineral silicates referred to
              in paragraph (a);



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             asbestos exposure standard means 0·1 f/ml of air
                  measured in a person's breathing zone and
                  expressed as a time weighted average fibre
                  concentration of asbestos calculated over an
                  8 hour working day and measured over a
                  minimum period of 4 hours in accordance
                  with—
                     (a) the Membrane Filter Method; or
                     (b) a method determined by the Authority
                         under regulation 1.1.6;
             asbestos licence holder means an employer or
                  self-employed person who is the holder of an
                  asbestos removal licence issued under
                  Part 6.1 (Licences);
             asbestos occupational health and safety
                  management system means an occupational
                  health and safety management system that
                  is—
                     (a) related to asbestos removal work; and
                     (b) accredited or approved by JAS-ANZ or
                         determined by the Authority under
                         regulation 1.1.6;
             asbestos paraoccupational air monitoring means
                  air sampling to estimate the airborne
                  asbestos fibre concentration in the
                  occupational environment, taken at fixed
                  locations, usually between 1 and 2 metres
                  above floor level, in accordance with—
                     (a) the Membrane Filter Method; or
                     (b) a method determined by the Authority
                         under regulation 1.1.6;
             asbestos register means the asbestos register kept
                  under regulation 4.3.21 as revised in
                  accordance with Part 4.3 (Asbestos);



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Occupational Health and Safety Regulations 2007
               S.R. No. 54/2007
        Part 1.1—Introductory Matters
                                                          r. 1.1.5


  asbestos removal licence means—
          (a) a Class A asbestos removal licence; or
          (b) a Class B asbestos removal licence;
  asbestos removal supervisor means a person who
       is appointed by an asbestos licence holder to
       oversee asbestos removal work in
       accordance with regulation 4.3.62;
  asbestos removal work, means the removal of
       asbestos that is fixed or installed in a
       building, structure, ship or plant so that the
       asbestos is no longer fixed or installed in that
       building, structure, ship or plant, up to the
       point of containment;
  asbestos waste means asbestos removed and
       disposable items used during asbestos
       removal work or asbestos-related activities
       under Division 8 of Part 4.3 (Asbestos),
       including plastic sheeting and disposable
       personal protective clothing and disposable
       protective equipment including tools;
  asbestos-containing material means any
       manufactured material or object that, as part
       of its design, contains one or more of the
       mineral silicates referred to in paragraph (a)
       of the definition of asbestos (other than plant
       in which asbestos is fixed or installed);
  assessment of competency means an assessment
       under Division 3 of Part 3.6;
  atmospheric monitoring means a procedure
      whereby air is sampled within the breathing
      zone of a person to evaluate the person's
      exposure to airborne contaminants;




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             audiological examination means the testing and
                  examination of a person's ear and hearing
                  threshold for the purpose of establishing the
                  type and cause of any hearing disorder;
             audiometric test means the measurement of a
                  person's air conduction hearing threshold
                  levels by means of an electro-acoustic
                  instrument (audiometer), equipped with
                  earphones, that provides pure tones of
                  specified discrete frequencies at known
                  hearing levels;
             Australian Qualifications Framework has the
                  same meaning as AQF has in the Education
                  and Training Reform Act 2006;
             Australian Safety and Compensation Council
                  means the Australian Safety and
                  Compensation Council as defined in
                  section 3 of the Australian Workplace Safety
                  Standards Act 2005 of the Commonwealth;
                   Note
                   The Australian Safety and Compensation Council
                   succeeded the National Occupational Health and
                   Safety Commission in February 2005.
             biological monitoring means the measurement
                  and evaluation of a substance, or its
                  metabolites, in the body tissue, fluids or
                  exhaled air of a person exposed to that
                  substance;
             blood lead level means the concentration of lead
                  in the whole blood expressed in micromoles
                  per litre (µmol/L);
             boiler means a boiler as defined in AS/NZS 1200
                  Pressure equipment with a hazard level A, B,
                  C or D as determined by AS 4343 Pressure
                  equipment—Hazard levels;




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  boom-type elevating work platform means a
      telescoping device, hinged device, or
      articulated device or combination of those
      devices used to support, elevate and position
      personnel, equipment or materials by means
      of a platform, but does not include an
      industrial lift truck;
  breathing zone means a hemisphere of
       300 millimetres radius extending in front of a
       person's face measured from the mid-point of
       an imaginary straight line joining the ears;
  bridge crane means a crane that—
          (a) consists of a bridge beam or beams, that
              are mounted to end carriages at each
              end; and
          (b) is capable of travelling along elevated
              runways; and
          (c) has one or more hoisting mechanisms;
  building maintenance equipment means a
       suspended platform, including a building
       maintenance unit or a swing stage, that
       incorporates permanently installed overhead
       supports to provide access to the faces of a
       building for maintenance, but does not
       include a suspended scaffold;
  building maintenance unit means a power
       operated appliance with a suspended
       platform, permanently installed or intended
       to be permanently installed on a building and
       specifically designed to provide access to the
       faces of the building for a person working
       from the platform;
  C-weighted means a measure using a filter
      designed to reflect the response of the human
      ear at high sound pressure levels;



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             carcinogens licence means—
                     (a) a licence to use a Schedule 1
                         carcinogenic substance at a laboratory;
                         or
                     (b) a licence to use a Schedule 2
                         carcinogenic substance at a laboratory;
                         or
                     (c) a licence to use a Schedule 2
                         carcinogenic substance at a workplace
                         other than a laboratory;
             chemical name, in relation to a substance, means
                 its scientific or technical name;
             chrysotile-containing material means asbestos-
                  containing material that contains chrysotile
                  asbestos;
             Class A asbestos removal licence means a licence
                  that permits the holder to remove asbestos of
                  any kind as specified in the licence;
             Class B asbestos removal licence means a licence
                  that allows the holder to remove non-friable
                  asbestos-containing material as specified in
                  the licence;
             competency standard means—
                     (a) in respect of winder operations, a
                         competency standard for winder
                         operations determined by the Authority
                         under regulation 1.1.6;
                     (b) in any other case, a competency
                         standard that is endorsed for the
                         purposes of the National Standard for
                         Licensing Persons Performing High
                         Risk Work published by the Australian
                         Safety and Compensation Council in
                         April 2006;



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  concrete placing unit (truck-mounted with boom)
      means plant used to place concrete by way of
      pumping concrete through a pipeline
      attached to or forming part of a boom and
      capable of travelling over a supporting
      surface without the need for fixed runways;
  confined space means a space in any vat, tank,
       pit, pipe, duct, flue, oven, chimney, silo,
       reaction vessel, container, receptacle,
       underground sewer or well, or any shaft,
       trench or tunnel or other similar enclosed or
       partially enclosed structure, if the space—
          (a) is, or is intended to be, or is likely to
              be, entered by any person; and
          (b) has a limited or restricted means for
              entry or exit that makes it physically
              difficult for a person to enter or exit the
              space; and
          (c) is, or is intended to be, at normal
              atmospheric pressure while any person
              is in the space; and
          (d) contains, or is intended to contain, or is
              likely to contain—
                (i) an atmosphere that has a harmful
                    level of any contaminant; or
                (ii) an atmosphere that does not have
                     a safe oxygen level; or
               (iii) any stored substance, except
                     liquids, that could cause
                     engulfment—
        but does not include a shaft, trench or tunnel
        that is a mine or is part of the workings of a
        mine;




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             confined space entry permit means a confined
                  space entry permit issued by an employer in
                  accordance with regulation 3.4.14;
             construction excavation, in Part 5.1
                  (Construction), means―
                     (a) a trench if the excavated depth is more
                         than 15 metres;
                     (b) a shaft if the excavated depth is more
                         than 2 metres;
                     (c) a tunnel;
             Construction Industry Basic Induction training
                 course means the Construction Industry
                 Basic Induction training course conducted
                 under the auspices of the tripartite industry
                 forum, Foundations for Safety Construction
                 Industry Training Agreement commencing
                 1 February 2001;
             construction induction training means a unit of
                  competency of general occupational health
                  and safety induction training to the
                  construction industry endorsed or accredited
                  under the Australian Qualifications
                  Framework;
             construction project means a project involving
                  construction work and includes preparation
                  and planning of the proposed construction
                  work;
             construction RTO means an RTO whose
                  registration allows delivery of—
                     (a) construction induction training; or
                     (b) the Construction Industry Basic
                         Induction training course;




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  construction statement of attainment means a
       certification issued by a construction RTO
       stating that the person to whom it is issued
       has completed—
          (a) construction induction training; or
          (b) the Construction Industry Basic
              Induction training course—
        but does not include a certification issued by
        a construction RTO, or an RTO in a class of
        construction RTOs, determined by the
        Authority under regulation 1.1.6, if the
        certification is issued after the determination
        takes effect;
  construction work has the meaning given by
       regulation 5.1.2;
  consumer package means a package that is
      intended for retail display and sale;
  container, in Part 4.1 (Hazardous Substances),
       means anything in or by which a hazardous
       substance is or has been wholly or partly
       encased, covered, enclosed, contained or
       packed (whether empty, partially full or full)
       but does not include—
          (a) the fuel tank of a vehicle; or
          (b) a tank or bulk container within the
              meaning of the ADG Code;
  contaminant means any substance that may be
       harmful to health or safety;
  conveyor means equipment by which loads are
      raised, lowered or transported or capable of
      being raised, lowered, transported, or
      continuously driven, by—
          (a) an endless belt, rope or chain or other
              similar means; or



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                     (b) buckets, trays or other containers or
                         fittings moved by an endless belt, rope,
                         chain or similar means; or
                     (c) a rotating screw; or
                     (d) a vibration or walking beam; or
                     (e) a powered roller conveyor if the rollers
                         are driven by an endless belt, rope or
                         chain or other similar means—
                   and includes the super structure, gear and
                   auxiliary equipment used in connection with
                   that equipment;
             Country Fire Authority has the same meaning as
                 Authority has in the Country Fire
                 Authority Act 1958;
             crane means an appliance intended for raising or
                  lowering a load and moving it horizontally
                  and includes the supporting structure of the
                  crane and its foundations, but does not
                  include an industrial lift truck, earthmoving
                  machinery, an amusement structure, a
                  tractor, an industrial robot, a conveyor,
                  building maintenance equipment, a
                  suspended scaffold or a lift;
             current MSDS, in relation to a hazardous
                  substance, means the Material Safety Data
                  Sheet prepared for that substance by the
                  manufacturer or importing supplier of the
                  substance under regulation 4.1.5(1) or
                  equivalent legislation, and if the Material
                  Safety Data Sheet has been revised by the
                  manufacturer or importing supplier of the
                  substance, the Material Safety Data Sheet as
                  revised;




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  dangerous goods means dangerous goods within
      the meaning of the Dangerous Goods Act
      1985;
  decommissioning, in relation to plant, includes
      performing necessary adjustments, tests and
      inspections before the plant ceases operation
      and during the process of ceasing operation;
  demolition, in Part 5.1 (Construction), means the
      complete or partial dismantling of a structure
      by planned and controlled methods or
      procedures;
  domestic premises means domestic premises used
      solely for domestic purposes;
  earthmoving machinery means plant used to
       excavate, load, transport, compact or spread
       earth, overburden, rubble, spoil, aggregate or
       similar material, but does not include a
       tractor or industrial lift truck or a vehicle
       designed to be used primarily as a means of
       transport on public roads;
  emergency procedures, in Part 3.4 (Confined
      Spaces), means the procedures established
      by an employer under regulation 3.4.20;
  emergency service means—
          (a) the Country Fire Authority; or
          (b) the Metropolitan Fire and Emergency
              Services Board; or
          (c) the Metropolitan Ambulance Service;
              or
          (d) Rural Ambulance Victoria; or
          (e) the Victoria State Emergency Service
              Authority; or
          (f) Victoria Police;



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             emergency service employee means—
                     (a) an officer or member of a metropolitan
                         fire brigade; or
                     (b) an officer or member of an urban fire
                         brigade or rural fire brigade within the
                         meaning of the Country Fire
                         Authority Act 1958; or
                     (c) an employee of the Metropolitan
                         Ambulance Service; or
                     (d) an employee of Rural Ambulance
                         Victoria; or
                     (e) a member of the Victoria State
                         Emergency Service; or
                     (f) an officer or other member of Victoria
                         Police—
                   but does not include a volunteer;
                   Note
                   Section 23 of the Act requires the employer to ensure,
                   so far as is reasonably practicable, that persons, other
                   than employees of the employer, are not exposed to
                   risks to their health or safety. This includes
                   volunteers.
             emergency work, in Part 5.1 (Construction),
                 means work that is required to be
                 immediately undertaken to rectify an
                 unexpected breakdown of an essential
                 service (including gas, water, sewerage,
                 electricity and telecommunications) to
                 enable continuance of that service;
             employer's asbestos register means the employer's
                 asbestos register kept under regulation 4.3.29
                 as revised in accordance with Part 4.3
                 (Asbestos);




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  engineering control means a physical control of
       any kind that is designed to eliminate or
       reduce a risk, but does not include—
          (a) a system of work or procedure; or
          (b) the use of personal protective
              equipment;
  equivalent legislation means legislation of
       another State or Territory or the
       Commonwealth relating to the use of
       hazardous substances at a workplace;
  evidence of licence document, in relation to a
       licence, means the document given to the
       licence holder by the Authority under
       regulation 6.1.7, and includes any
       replacement document issued under Part 6.1
       (Licences);
  explosive-powered tool means an implement used
       to drive fasteners (including nails, bolts and
       screws) against, into or through material by
       means of explosive charges, and includes
       every attachment to and accessory of that
       implement but does not include a firearm
       within the meaning of the Firearms
       Act 1996;
  exposure standard means an airborne
      concentration of a particular substance in a
      person's breathing zone, as set out in the
      HSIS;
  facility means any building or other structure on
        land—
          (a) that is a workplace; and
          (b) at which Schedule 9 materials are
              present or likely to be present for any
              purpose;




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                   Part 1.1—Introductory Matters
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             fall, in Part 3.3 (Prevention of Falls), means a
                    person's involuntary fall of more than
                    2 metres;
             fall arrest system means equipment or material or
                   a combination of equipment and material
                   that is designed to arrest the fall of a person;
                   Example
                   Industrial safety net, catch platform or safety harness
                   system (other than a travel restraint system).
             fatigue, in relation to an employee at a mine,
                  means an acute or ongoing state of tiredness
                  that exposes the employee or any other
                  person at the mine to a risk to health or
                  safety;
             friable means, when dry—
                     (a) may be crumbled, pulverised or
                         reduced to powder by hand pressure; or
                     (b) as a result of a work process becomes
                         such that it may be crumbled,
                         pulverised or reduced to powder by
                         hand pressure;
             f/ml means fibres per millilitre;
             gantry crane means a crane that—
                     (a) consists of a bridge beam or beams that
                         are supported at one or both ends by
                         legs mounted to end carriages; and
                     (b) is capable of travelling along runways;
                         and
                     (c) has one or more hoisting mechanisms;
             gas cylinder means a rigid vessel not exceeding
                  3000 litres water capacity and without
                  openings or integral attachments on the shell
                  other than at the ends, designed for the
                  storage and transport of gas under pressure


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        and to which AS 2030—Gas Cylinders
        applies;
        Note
        See the definition of AS 2030—Gas Cylinders which
        encompasses AS 2030.1, AS 2030.2 and AS 2030.4.
  generic name, in relation to a substance, means a
      name that describes the category or group of
      chemicals to which the substance belongs;
  glove bag means a single-use bag constructed
       from transparent, heavy duty polyethylene
       with built-in arms and access ports;
  hazardous manual handling means—
          (a) manual handling having any of the
              following characteristics—
                (i) repetitive or sustained application
                    of force;
                (ii) repetitive or sustained awkward
                     posture;
               (iii) repetitive or sustained movement;
               (iv) application of high force being an
                    activity involving a single or
                    repetitive use of force that it
                    would be reasonable to expect that
                    a person in the workforce may
                    have difficulty undertaking;
                    Example
                    The force required to lift or otherwise
                    handle heavy weights, to push or pull
                    objects that are hard to move, to operate
                    tools that require the use of 2 hands to
                    exert sufficient force but that are
                    designed for one hand or to operate tools
                    that require squeezing of grips that are
                    wide apart.
                (v) exposure to sustained vibration;



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                     (b) manual handling of live persons or
                         animals;
                     (c) manual handling of unstable or
                         unbalanced loads or loads that are
                         difficult to grasp or hold;
             hazardous substance means a substance that—
                     (a) is listed on the HSIS and the
                         concentration of the substance or its
                         ingredients equals or exceeds the
                         concentration cut-off levels listed on
                         the HSIS that relate to health effects; or
                     (b) meets the criteria for a hazardous
                         substance set out in the Approved
                         Criteria for Classifying Hazardous
                         Substances;
             Hazchem Code has the same meaning as in the
                 ADG Code;
             health surveillance means health monitoring,
                  which may include audiometric testing,
                  medical examinations (including
                  audiological examinations) and biological
                  monitoring;
             hearing protector means a device that is designed
                  for the purpose of protecting a person's
                  hearing and that—
                     (a) is inserted into the ear canal; or
                     (b) covers the ear canal entrance; or
                     (c) covers the entire ear;
             HEPA filter means a high efficiency particulate
                air filter that is a disposable, extended media,
                dry type filter, in a rigid frame, with a
                minimum filtration efficiency of 99·97%
                filtration for nominal 0·3 micrometres (µm)
                diameter thermally generated



                                 20
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        dioctylphthalata particles or an equivalent
        efficiency for a specified alternative aerosol
        and with an initial maximum resistance to
        airflow of 250 pascals when tested at its
        rated airflow capacity;
  high risk construction work has the meaning
       given by regulation 5.1.3;
  high risk work means any work set out in
       Schedule 3 as being within the scope of a
       high risk work licence;
  high risk work licence means any of the licences
       listed in Schedule 3;
  hire, in Part 3.5 (Plant), does not include hire
        under a hire-purchase agreement or hire-
        purchase contract;
  hoist means an appliance intended for raising or
       lowering a load or people, and includes a
       mast climbing work platform, personnel and
       materials hoist, scaffolding hoist and serial
       hoist but does not include a lift or building
       maintenance equipment;
  HSIS means the Hazardous Substances
      Information System published by the
      Australian Safety and Compensation Council
      on its Internet site;
  importing supplier, in relation to a substance,
      means a person who first supplies or intends
      to first supply the substance in Victoria for
      use at a workplace but does not include—
          (a) a person who manufactures the
              substance in Victoria; or
          (b) a wholesaler or retailer who has been
              supplied with that substance by another
              supplier in Victoria; or
          (c) a retail warehouse operator;


                      21
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             independent person, in Part 4.3 (Asbestos), means
                  a person who is independent from the
                  asbestos licence holder and from the person
                  who commissioned the work;
             industrial lift truck means a powered appliance
                  comprising a mast with an elevating carriage
                  to which a pair of fork arms or other load
                  holding attachment is attached and
                  includes—
                     (a) a truck on which the operator is raised
                         with the attachment for order-picking;
                         and
                     (b) a truck where the frame and lift unit
                         straddle, raise, lower, move or stack the
                         load—
                   but does not include a crane or earthmoving
                   machinery;
             industrial robot means plant that is a
                  multifunctional manipulator and its
                  controllers, capable of handling materials,
                  parts or tools, or specialised devices, through
                  variable programmed motions for the
                  performance of a variety of tasks;
             industrial rope access system means a system
                  designed for the purpose of performing work
                  on a building or structure by a person and
                  consists of—
                     (a) equipment that enables a person to
                         manually raise or lower himself or
                         herself in a harness or seat supported by
                         one or more fibre ropes; and
                     (b) equipment used to anchor the ropes;




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  ingredient means any component of a substance
       (including impurities);
  JAS-ANZ means the Joint Accreditation System
      of Australia and New Zealand;
  laboratory means a building, room or designated
       area where a scheduled carcinogenic
       substance is used for—
          (a) scientific analysis or investigation; or
          (b) research; or
          (c) practical teaching;
  laser means plant that produces a beam of
        electromagnetic radiation in the wavelength
        range from 100 nanometres to 1 millimetre
        and that is used for cutting, alignment,
        scanning or measurement, but does not
        include plant that produces light beams at
        these wavelengths for the primary purpose of
        illumination;
  lead means lead metal, lead alloys or inorganic
       lead compounds (including lead salts of
       organic acids);
  lead exposure standard means the maximum
       airborne concentration of lead dust, lead mist
       or lead fumes referred to in regulation
       4.4.10(1);
  lead process has the meaning given by
       regulation 4.4.2;
  lead-risk job has the meaning given by
       regulation 4.4.17;




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             licence means—
                     (a) a high risk work licence; or
                     (b) an asbestos removal licence; or
                     (c) a carcinogens licence; or
                     (d) a major hazard facility licence;
             licence assessor means a person—
                     (a) who is authorised under
                         regulation 8.2.6 to carry out one
                         or more types of assessment of
                         competency; or
                     (b) who is authorised by the Authority
                         under regulation 3.6.11 to carry out
                         assessments of competency in respect
                         of one or more classes of high risk
                         work;
             licence holder, in relation to a major hazard
                  facility licence, means—
                     (a) the person who was granted the licence,
                         unless that person has transferred the
                         licence; or
                     (b) if the licence has been transferred, the
                         last person to whom the licence was
                         transferred;
             lift means permanent plant or plant intended to be
                   permanently installed in or attached to a
                   building or structure in which people, goods
                   or materials may be raised or lowered within
                   a car or cage, or on a platform and the
                   movement of which is restricted by a guide
                   or guides and includes an escalator, moving
                   walk and stairway lift;




                                 24
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  local community, in relation to a major hazard
        facility, means—
          (a) persons who reside in; and
          (b) persons who have the management or
              control of workplaces, or of places
              where persons gather for recreational,
              cultural or sporting purposes, located
              in—
        the area surrounding the major hazard
        facility, as indicated on the map forming part
        of the emergency plan for the major hazard
        facility prepared in accordance with
        clause 1.2 of Schedule 11;
  major hazard facility means—
          (a) a facility where Schedule 9 materials
              are present or likely to be present in a
              quantity exceeding their threshold
              quantity; or
          (b) a facility determined by the Authority
              to be a major hazard facility under
              regulation 5.2.29;
  major hazard facility licence means a licence to
      operate a major hazard facility;
  major incident means an uncontrolled incident,
      including an emission, loss of containment,
      escape, fire, explosion or release of energy,
      that—
          (a) involves Schedule 9 materials; and
          (b) poses a serious and immediate risk to
              health and safety;




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             major incident hazard means any activity,
                 procedure, plant, process, substance,
                 situation or any other circumstance that
                 could cause, or contribute to causing, a major
                 incident;
             major mining hazard means a mining hazard that
                 has the potential to cause an incident that
                 would cause, or pose a significant risk of
                 causing, more than one death;
             manual handling means any activity requiring the
                 use of force exerted by a person to lift,
                 lower, push, pull, carry or otherwise move,
                 hold or restrain any object;
             mast climbing work platform means plant with a
                  working platform used to support and elevate
                  personnel, equipment and materials by
                  means of a drive system that moves along an
                  extendable mast but does not include a lift or
                  building maintenance equipment;
             Membrane Filter Method means the method for
                estimating airborne asbestos fibres in
                accordance with the "Guidance Note on the
                Membrane Filter Method for Estimating
                Airborne Asbestos Fibres" prepared by the
                National Health and Safety Commission and
                published in 2005;
             Metropolitan Ambulance Service has the same
                 meaning as in the Ambulance Services Act
                 1986;
             Metropolitan Fire and Emergency Services
                 Board has the same meaning as Board has in
                 the Metropolitan Fire Brigades Act 1958;
             mine has the meaning given by regulation 5.3.1;




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  mine modification, in Part 5.3 (Mines), in relation
      to a mine, means a change to any workings,
      processes or plant, including the introduction
      of new workings, processes or plant, that has
      the effect of—
          (a) creating a mining hazard that has not
              previously been identified; or
          (b) increasing the risk associated with a
              mining hazard;
  mining hazard has the meaning given by
      regulation 5.3.2;
  mobile crane means a crane capable of travelling
      over a supporting surface without the need
      for fixed runways;
  modification, in Part 5.2 (Major Hazard
      Facilities), in relation to a major hazard
      facility, includes—
          (a) a change to any plant, processes or
              substances used in processes, including
              the introduction of new plant, processes
              or substances;
          (b) a change to the quantity of Schedule 9
              materials present or likely to be present,
              including the introduction of any new
              Schedule 9 materials;
          (c) a change in the safety role of
              employees;
          (d) a change to the Safety Management
              System—
        that has the effect of—
          (e) creating a major incident hazard that
              has not previously been identified; or
          (f) increasing the likelihood of a major
              incident occurring; or


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                     (g) in relation to any major incident that
                         might occur, increasing—
                           (i) its magnitude; or
                           (ii) the severity of its consequences to
                                persons both on-site and off-site;
             MSDS, in relation to a hazardous substance,
                means a Material Safety Data Sheet required
                to be prepared for that substance under
                regulation 4.1.5 or prepared for that
                substance by the manufacturer or the
                importing supplier in accordance with
                equivalent legislation;
             musculoskeletal disorder means an injury, illness
                 or disease that arises in whole or in part from
                 manual handling in the workplace, whether
                 occurring suddenly or over a prolonged
                 period of time, but does not include an
                 injury, illness or disease that is caused by
                 crushing, entrapment or cut resulting
                 primarily from the mechanical operation of
                 plant;
             NATA means the National Association of Testing
                Authorities (Australia);
             National Model Regulations for the Control of
                  Scheduled Carcinogenic Substances means
                  the National Model Regulations for the
                  Control of Scheduled Carcinogenic
                  Substances published by the National
                  Occupational Health and Safety Commission
                  in 1995;
             National Model Regulations for the Control of
                  Workplace Hazardous Substances means
                  the National Model Regulations for the
                  Control of Workplace Hazardous Substances
                  published by the National Occupational
                  Health and Safety Commission in 1994;



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  negative air enclosure means an enclosed
      asbestos removal area that is maintained
      under negative air pressure to approximately
      12 pascals;
  noise exposure standard means—
          (a) the 8 hour equivalent continuous sound
              pressure level of 85dB(A) measured in
              A-weighted decibels referenced to
              20 micropascals at an employee's ear
              position; or
          (b) the C-weighted peak hold sound
              pressure level reading of 140dB(C)
              measured in decibels referenced to
              20 micropascals at an employee's ear
              position;
  object, in Part 3.1 (Manual Handling) and the
       definition of manual handling, includes an
       inanimate or animate object, plant and any
       substance or material contained by an object;
  occupational health and safety auditor means a
      person who has the knowledge, experience
      and skills required for an occupational health
      and safety auditor under JAS-ANZ
      Procedure No. 02 Issue No. 2 dated
      14 December 2001 General Requirements
      for Bodies Operating Assessment and
      Certification of Occupational Health and
      Safety Management Systems;
  operator means—
          (a) in Part 5.2 (Major Hazard Facilities), in
              relation to a facility, the employer who
              has management or control of the
              facility; and




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                     (b) in Part 5.3 (Mines), in relation to a
                         mine (including a prescribed mine), the
                         employer who has management or
                         control of the mine;
             operator protective device includes roll-over
                  protective structure, falling object protective
                  structure, operator restraining device and
                  seat belt;
             passive fall prevention device means material or
                  equipment, or a combination of material and
                  equipment, that is designed for the purpose
                  of preventing a fall, and that, after initial
                  installation, does not require any ongoing
                  adjustment, alteration or operation by any
                  person to ensure the integrity of the device to
                  perform its function;
                   Example
                   Temporary work platform, roof safety mesh or guard
                   railing.
             perform, in relation to work, includes carry out;
             person who commissioned the work means the
                  person managing or controlling a workplace
                  or the employer who arranged for asbestos
                  removal work to be performed;
             personal protective equipment includes
                  respiratory protective equipment and
                  personal protective clothing;
             powered mobile plant means plant that is
                 provided with some form of self propulsion
                 that is ordinarily under the direct control of
                 an operator;




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  presence-sensing safeguarding system includes—
          (a) a sensing system that—
                (i) is an electro-sensitive or pressure
                    sensitive system that employs
                    optoelectronic or pressure
                    sensitive devices to perform a
                    sensing and control function; or
                (ii) uses other technologies to perform
                     a sensing and a control function;
                     and
          (b) the interface between the final
              switching devices of the sensing system
              and the machine primary control
              elements; and
          (c) the machine stopping capabilities, by
              which the presence of a person or part
              of a person within the sensing field will
              cause the dangerous parts of a machine
              to be brought to a safe state;
  prescribed mine has the meaning given by
       regulation 5.3.3;
  pressure equipment means boilers, pressure
       vessels and pressure piping;
  pressure piping means pressure piping as defined
       in AS/NZS 1200 Pressure equipment, with a
       hazard level A, B, C or D as determined by
       AS 4343 Pressure equipment—Hazard
       levels, but does not include pressure piping
       that is regulated under—
          (a) the Gas Safety Act 1997; or
          (b) the Petroleum Act 1998; or
          (c) the Petroleum (Submerged Lands)
              Act 1982; or
          (d) the Water Industry Act 1994; or


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                     (e) the Pipelines Act 2005; or
                     (f) any other Act (other than the
                         Occupational Health and Safety Act
                         2004) that imposes statutory controls
                         over pressure piping comparable to
                         those listed in paragraphs (a) to (e);
             pressure vessel means—
                     (a) a pressure vessel as defined in AS/NZS
                         1200 Pressure equipment, with a hazard
                         level A, B, C or D as determined by
                         AS 4343 Pressure equipment—Hazard
                         levels; or
                     (b) a fired heater;or
                     (c) a gas cylinder—
                   but does not include a boiler or pressure
                   piping;
             principal contractor has the meaning given by
                  regulation 5.1.14;
             process review has the meaning given by
                  regulation 6.3.2;
             product name, in relation to a hazardous
                 substance, means the brand name or trade
                 name given to the substance by the
                 manufacturer or supplier of the substance;
                   Note
                   A supplier includes an importing supplier.
             published technical standard means a document
                  that gives technical information, guidance or
                  advice on plant, that is published by—
                     (a) a corresponding Authority; or
                     (b) Standards Australia; or
                     (c) the British Standards Institute; or



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          (d) the International Organisation for
              Standardisation (ISO)—
        or another organisation with substantially
        equivalent objectives in relation to the
        publication of technical information,
        guidance or advice on plant as any of those
        organisations;
  recognised evidence of construction induction
       training means evidence of general
       occupational health and safety training to the
       construction industry completed outside
       Victoria and recognised by the
       corresponding Authority where the training
       was completed but does not include evidence
       of a class determined by the Authority under
       regulation 1.1.6 if the training is completed
       after the determination takes effect;
  registered major hazard facility means a major
       hazard facility registered under Part 6.2
       (Registration);
  registered medical practitioner means a registered
       medical practitioner within the meaning of
       the Health Professions Registration Act
       2005;
  relevant employee, in Part 3.4 (Confined Spaces),
       means—
          (a) any employee required to enter a
              confined space; or
          (b) any employee who has any function in
              relation to work in a confined space or
              the emergency procedures established
              under regulation 3.4.20, but who is not
              required to enter the space; or
          (c) any person supervising any employee
              referred to in paragraph (a) or (b);



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             relevant occupational health and safety
                  legislation means—
                     (a) the Act or any regulations made under
                         the Act;
                     (b) the Occupational Health and Safety
                         Act 1985 or any regulations made
                         under that Act;
                     (c) the Dangerous Goods Act 1985 or any
                         regulations made under that Act;
                     (d) the Equipment (Public Safety) Act
                         1994 or any regulations made under
                         that Act;
                     (e) any equivalent Act of another
                         Australian jurisdiction or any
                         regulations made under such an Act;
             retail warehouse operator means a person who
                   operates a warehouse where packaged goods
                   intended for retail sale are held on the
                   premises;
             retailer, in relation to a substance, means a person
                   who supplies that substance to another
                   person otherwise than for re-supply;
             reviewable decision has the meaning given by
                  regulation 6.3.1;
             risk phrase, in relation to a hazardous substance,
                   means a phrase that describes the hazards of
                   a substance—
                     (a) as listed for the substance on the HSIS;
                         or
                     (b) as provided in Appendix III of the
                         Approved Criteria for Classifying
                         Hazardous Substances;




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  roll-over protection means a structure to protect
        the operator of a tractor against injury as a
        result of the tractor rolling over in any
        direction;
  RTO means a training organisation registered on
      the State Register and National Register
      under Chapter 4 of the Education and
      Training Reform Act 2006;
  Rural Ambulance Victoria means the ambulance
      service created as Rural Ambulance Victoria
      by Order in Council under section 23 of the
      Ambulance Services Act 1986, dated
      2 February 1999 and published in the
      Government Gazette on 4 February 1999,
      pages 212 and 213;
  safe oxygen level means an oxygen content in air
       under normal atmospheric pressure that—
          (a) is equal to or greater than 195% by
              volume (equivalent to a partial pressure
              of oxygen of 198 kilopascals); but
          (b) is equal to or less than 235% by
              volume (equivalent to a partial pressure
              of oxygen of 239 kilopascals);
  safe work method statement has the meaning
       given by regulation 5.1.5;
  Safety Assessment means—
          (a) in Part 5.2 (Major Hazard Facilities), a
              Safety Assessment conducted under
              regulation 5.2.7; or
          (b) in Part 5.3 (Mines), a Safety
              Assessment conducted under
              regulation 5.3.23;




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             Safety Case means a Safety Case prepared or
                  revised under Division 4 of Part 5.2 (Major
                  Hazard Facilities);
             Safety Management System means—
                     (a) in Part 5.2 (Major Hazard Facilities), a
                         Safety Management System established
                         under regulation 5.2.5; or
                     (b) in Part 5.3 (Mines), a Safety
                         Management System established under
                         regulation 5.3.21;
             safety phrase, in relation to a hazardous
                  substance, means a phrase that describes the
                  precautions to be taken for the safe use of the
                  substance—
                     (a) as listed for the substance on the HSIS;
                         or
                     (b) as provided in Appendix III of the
                         Approved Criteria for Classifying
                         Hazardous Substances;
             scaffold, in Part 3.5 (Plant) and the definition of
                  suspended scaffold, means a temporary
                  structure specifically erected to support
                  access or working platforms;
             Schedule 1 carcinogenic substance means a
                 substance (or any of its salts) listed in
                 Schedule 1 to the National Model
                 Regulations for the Control of Scheduled
                 Carcinogenic Substances used—
                     (a) as a pure substance; or




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          (b) in a mixture containing 01% or more
              of that substance, determined as a
              weight/weight (w/w) concentration for
              solids or liquids and a volume/volume
              (v/v) concentration for gases—
        but does not include amosite or crocidolite as
        listed in that Schedule;
  Schedule 2 carcinogenic substance means—
          (a) benzene as listed in Schedule 2 to the
              National Model Regulations for the
              Control of Scheduled Carcinogenic
              Substances; and
          (b) any other substance (or any of its salts)
              listed in that Schedule used—
                (i) as a pure substance; or
                (ii) in a mixture containing 01% or
                     more of that substance,
                     determined as a weight/weight
                     (w/w) concentration for solids or
                     liquids and a volume/volume (v/v)
                     concentration for gases—
              but does not include chrysotile or
              cyclophosphamide as listed in that
              Schedule;
  Schedule 9 material means a material mentioned
      in Table 1 of Schedule 9 or a material that
      belongs to one or more of the types, classes
      and categories mentioned in Table 2 of
      Schedule 9;
  scheduled carcinogenic substance means a
       Schedule 1 carcinogenic substance or a
       Schedule 2 carcinogenic substance;




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             self-erecting tower crane means a tower crane
                   where—
                     (a) the tower structure and boom or jib
                         elements are not disassembled into
                         component sections; and
                     (b) the crane can be transported between
                         sites as a complete unit; and
                     (c) erection and dismantling processes are
                         an inherent part of the crane's function;
             shaft means—
                     (a) in Part 5.1 (Construction), a vertical or
                         inclined way or opening from the
                         surface downwards or from any
                         underground working and the
                         dimensions of which (excluding the
                         perimeter) are less than its depth;
                     (b) in Part 5.3 (Mines), any opening
                         extending downwards from the surface
                         or from a location underground that—
                           (i) has an inclination to the horizontal
                               of more than 15 degrees; and
                           (ii) is used for the purposes of raising
                                or lowering persons or materials
                                or for the intake or outlet of
                                ventilation;
             shaft conveyance means a cage, skip, kibble or
                  other contrivance in or on which people ride
                  up or down a shaft, but does not include any
                  attachments to that cage, skip, kibble or other
                  contrivance;
             signal words means words such as "dangerous
                  poison", "poison", "warning", "danger" or
                  "caution" that are clearly and prominently
                  displayed on labels of substances to indicate
                  the relative severity of the hazard;


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  sound power level means the total sound energy
      radiated per unit time, measured as decibels
      referenced to 1 picowatt using octave bands
      or an A-weighting;
  sound pressure level expressed in decibels, means
      the pressure fluctuations in air calculated as
      20 times the logarithm to the base 10 of the
      ratio of the root mean square sound pressure
      (in pascals) to the reference sound pressure
      of 20 micropascals;
  statement of attainment means a certification
       issued by an RTO stating that the person to
       whom it is issued has achieved—
          (a) part of a qualification; or
          (b) one or more units of competency—
        that meets or meet a competency standard,
        but does not include a certification issued by
        an RTO, or an RTO in a class of RTOs,
        determined by the Authority under
        regulation 1.1.6 if the certification is issued
        after the determination takes effect;
  structure, in Part 4.3 (Asbestos), means any
       construction, including a bridge, tunnel,
       shaft, dam, pipe or access pit, or any part of a
       construction but does not include a building,
       ship or plant;
  suspended scaffold means a scaffold
       incorporating a suspended platform that is
       capable of being raised or lowered when in
       use;
  task, in Part 3.3 (Prevention of Falls), includes
        moving to and from a task;




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             temporary access equipment means—
                     (a) abseiling equipment; or
                     (b) a work box; or
                     (c) an industrial safety net; or
                     (d) equipment incorporating a harness that
                         is used or intended to be used to arrest
                         the fall of a person wearing the harness;
             temporary work platform means—
                     (a) a fixed, mobile or suspended scaffold;
                         or
                     (b) an elevating work platform; or
                     (c) a mast climbing work platform; or
                     (d) a work box supported and suspended by
                         a crane, hoist, forklift truck or other
                         form of mechanical plant; or
                     (e) building maintenance equipment,
                         including a building maintenance unit;
                         or
                     (f) a portable or mobile fabricated
                         platform; or
                     (g) any other temporary platform that
                         provides a working area for the
                         duration of work performed at height
                         and that is designed to prevent a fall;
             the Act means the Occupational Health and
                  Safety Act 2004;
             theatrical performance means acting, singing,
                  playing a musical instrument, dancing, or
                  otherwise performing literary or artistic
                  works or expressions of folklore;




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  threshold quantity, in relation to Schedule 9
       materials, means the threshold quantity for
       those materials determined in accordance
       with Schedule 9;
  tower crane means a boom or jib crane mounted
       on a tower structure;
  tractor means a powered vehicle primarily
       designed to haul and provide power for
       agricultural or horticultural machinery or
       implements by way of a power-takeoff
       rotating shaft or other mechanical means, but
       does not include earthmoving machinery or a
       passenger vehicle;
  travel restraint system means equipment that is
       worn by or attached to a person and is
       designed for the purpose of physically
       restraining a person from reaching an edge or
       elevated surface from which he or she may
       fall;
        Example
        A system in which a harness or belt is attached to one
        or more lanyards, each attached in turn to a static line
        or anchorage point.
  trench, in Part 5.1 (Construction), means a
       horizontal or inclined way or opening
       commencing at and extending below the
       surface of the ground and open to the surface
       along its length, the length of which is
       greater than its width and greater than or
       equal to its depth, and is used or to be used
       for the laying, removal or repair of a pipe or
       cable;




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             tunnel, in Part 5.1 (Construction), means an
                 underground passage or opening in an
                 approximate horizontal plane and which
                 begins at the surface or from an excavation
                 of any sort;
             turbine means a rotary motor or engine driven by
                  a flow of water, steam or gas primarily
                  intended for the production of electricity;
             Type I ingredient, in relation to a hazardous
                  substance, means a Type I ingredient within
                  the meaning of Schedule 1 to the National
                  Model Regulations for the Control of
                  Workplace Hazardous Substances;
             Type II ingredient, in relation to a hazardous
                  substance, means a Type II ingredient within
                  the meaning of Schedule 1 to the National
                  Model Regulations for the Control of
                  Workplace Hazardous Substances;
             Type III ingredient, in relation to a hazardous
                  substance, means a Type III ingredient
                  within the meaning of Schedule 1 to the
                  National Model Regulations for the Control
                  of Workplace Hazardous Substances;
             type of asbestos-containing material means a
                  description of asbestos-containing material;
                   Example
                   Asbestos-containing cement sheeting, cement pipes,
                   vinyl tiles, sprayed insulation, telecommunications
                   pits and pipes, pipe lagging, millboard and gaskets.
             unprotected edge means the edge of a surface
                 from which there is a horizontal gap, void or
                 space of more than 300 millimetres and
                 which is not provided with a barrier to
                 prevent a fall;




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  Victoria Police has the same meaning as the force
       has in the Police Regulation Act 1958;
  Victoria State Emergency Service means the
       Service continued by the Victoria State
       Emergency Service Act 2005;
  Victoria State Emergency Service Authority
       means the Authority established under the
       Victoria State Emergency Service Act
       2005;
  wholesaler, in relation to a substance, means a
      person who supplies that substance for the
      purpose of re-supply;
  winder means an electrical or compressed air or
      hydraulic or other power driven unit, single
      or multi drum, which by use of ropes, sheave
      wheels and a shaft conveyance, is used to
      raise or lower people or materials from level
      to level and includes a friction winder;
  work box means a personnel carrying device,
      designed to be suspended from a crane, to
      provide a working area for a person elevated
      by and working from the device;
  work in a confined space means work in a
      confined space by an employee and includes
      entry to and exit from a confined space by an
      employee;
  workpiece means material, off-cut or scrap (in any
      form) on which an item of plant is doing
      work, or material, off-cut or scrap (in any
      form) produced by an item of plant but does
      not include a load being lifted or moved by
      the plant;




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                     work positioning system means—
                             (a) an industrial rope access system; or
                             (b) a travel restraint system; or
                             (c) any other equipment, other than a
                                 temporary work platform, that enables a
                                 person to be positioned and safely
                                 supported at a work location for the
                                 duration of the task being undertaken at
                                 height.
           1.1.6 Determinations of Authority
                     The Authority may make the following
                     determinations for the purposes of
                     regulation 1.1.5—
                       (a) a determination of a scheme for the approval
                           of asbestos analysts for the purpose of the
                           definition of approved asbestos analyst;
                       (b) a determination of an exposure measurement
                           method for the purpose of the definition of
                           asbestos exposure standard;
                       (c) a determination of an occupational health
                           and safety management system for the
                           purpose of the definition of asbestos
                           occupational health and safety
                           management system;
                       (d) a determination of a method of air sampling
                           for the purpose of the definition of asbestos
                           paraoccupational air monitoring;
                       (e) a determination of a competency standard for
                           winder operations for the purpose of the
                           definition of competency standard;
                       (f) a determination of a specified construction
                           RTO or a class of construction RTOs for the
                           purpose of the definition of construction
                           statement of attainment;



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            (g) a determination of evidence of a specified
                class for the purpose of the definition of
                recognised evidence of construction
                induction training;
            (h) a determination of a specified RTO or a class
                of RTOs for the purpose of the definition of
                statement of attainment.
          Note
          See Division 2 of Part 7.1 (Administrative Matters).
1.1.7 Act compliance notes
          If a note at the foot of a provision of these
          Regulations states "Act compliance" followed by
          a reference to a section number, the regulation
          provision sets out the way in which a person's
          duty or obligation under that section of the Act is
          to be performed in relation to the matters and to
          the extent set out in the regulation provision.
          Note
          A failure to comply with a duty or obligation under a section
          of the Act referred to in an "Act compliance" note is an
          offence to which a penalty applies.
1.1.8 Independent contractors
      (1) A provision of these Regulations that sets out a
          way that an employer complies with a duty under
          section 21 or 35 of the Act in relation to
          employees extends to the employer's duty under
          that section to an independent contractor engaged
          by the employer and any employees of the
          independent contractor.
      (2) If a provision of these Regulations (other than
          subregulation (1)) provides that an employer's
          duty under another provision of these Regulations
          extends to an independent contractor—




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                        (a) that other provision applies as if a reference
                            to an employee were a reference to an
                            independent contractor engaged by the
                            employer and any employees of the
                            independent contractor; and
                        (b) the duty of the employer under that other
                            provision extends to an independent
                            contractor engaged by the employer, and any
                            employees of the independent contractor, in
                            relation to matters over which the employer
                            has control or would have control if not for
                            any agreement purporting to limit or remove
                            that control.
            1.1.9 Health and safety representatives
                      A reference in these Regulations to a health and
                      safety representative includes a reference to a
                      deputy health and safety representative if the
                      health or safety representative has ceased to hold
                      office or the health and safety representative is
                      unable (because of absence or any other reason) to
                      exercise the powers of a health and safety
                      representative.
           1.1.10 Designers, manufacturers and suppliers
                      Any reference in these Regulations to—
                        (a) a designer, in relation to plant, is a reference
                            to a person who designs the plant and who
                            knows, or ought reasonably to know, that the
                            plant is to be used at a workplace;
                        (b) a manufacturer, in relation to plant or a
                            substance, is a reference to a person who
                            manufactures that plant or substance and
                            who knows, or ought reasonably to know,
                            that the plant or substance is to be used at a
                            workplace;




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             (c) a supplier, in relation to plant or a substance,
                 is a reference to a person who supplies that
                 plant or substance and who knows, or ought
                 reasonably to know, that the plant or
                 substance is to be used at a workplace
                 (whether by the person supplied or anyone
                 else).
1.1.11 References to Parts
           Unless the context otherwise requires, a reference
           in these Regulations to a Part by a number must
           be construed as a reference to the Part, designated
           by that number, of these Regulations.
                   __________________




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                                  S.R. No. 54/2007
                          Part 1.2—Incorporated Documents
r. 1.2.1



                 PART 1.2—INCORPORATED DOCUMENTS

           1.2.1 Documents incorporated as in force from time to
                 time
                  (1) A reference to any document applied, adopted or
                      incorporated by, or referred to in, these
                      Regulations is to be read as a reference to that
                      document as in force from time to time.
                  (2) If any document applied, adopted or incorporated
                      by, or referred to in, these Regulations is
                      amended, the amendment is only in force for the
                      purposes of subregulation (1) if it has taken effect
                      for the purposes of these Regulations.
                      Note
                      See regulation 1.2.3 in relation to the date of effect of
                      amendments.
           1.2.2 Publication date of amendments to certain
                 incorporated documents
                  (1) This regulation applies to any document that is
                      applied, adopted or incorporated by, or referred to
                      in, these Regulations, and either that is published,
                      or that has notice of its making published, in the
                      Commonwealth of Australia Gazette.
                  (2) For the purposes of these Regulations, an
                      amendment to the document is published either
                       (a) on the date it is published in the
                           Commonwealth of Australia Gazette; or
                       (b) on the date on which the notice of its making
                           is published in the Commonwealth of
                           Australia Gazette
                      whichever occurs first.




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                                                                 r. 1.2.3


1.2.3 Date of effect of amendments to incorporated
      documents
          If the effect of an amendment to any document
          applied, adopted or incorporated by these
          Regulations is—
            (a) to prohibit an activity, process or thing, the
                amendment takes effect on the day after it is
                published, or on any later date specified in
                the document by which the amendment was
                made; and
            (b) to impose a new obligation or to alter an
                existing obligation under these Regulations,
                a person may choose to comply with these
                Regulations as if the amendment had not
                been made until the expiry of 6 months after
                the date the amendment takes effect.
1.2.4 Inconsistencies between provisions
          If a provision of any document applied, adopted or
          incorporated by, or referred to in, these
          Regulations is inconsistent with any provision in
          these Regulations, the provision of these
          Regulations prevails.
                  __________________




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                   Occupational Health and Safety Regulations 2007
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                               Part 2.1—General Duties
r. 2.1.1



            CHAPTER 2—GENERAL DUTIES AND ISSUE
                       RESOLUTION

                        PART 2.1—GENERAL DUTIES

           2.1.1 Proper installation, use and maintenance of risk
                 control measures
                  (1) A person who is required by these Regulations to
                      use any particular measure to control risk must
                      ensure that the measure is properly installed
                      (if applicable), used and maintained.
                      Note
                      Act compliance—sections 21, 22, 23, 24, 26, 29, 30 and 31
                      (see regulation 1.1.7).
                  (2) This regulation does not apply to a measure
                      required by Part 5.2 (Major Hazard Facilities) or
                      Part 5.3 (Mines).
                      Note
                      Parts 5.2 and 5.3 are excluded from the operation of this
                      regulation because they contain more specific requirements
                      in relation to the installation, use and maintenance of risk
                      control measures.
           2.1.2 Provision of information, instruction and training
                  (1) If these Regulations require an employer to
                      control any particular risk, the employer must
                      provide each employee of the employer who may
                      be exposed to the risk with sufficient information,
                      instruction and training in relation to the following
                      matters as are necessary to enable the employee to
                      perform his or her work in a manner that is safe
                      and without risks to health—
                       (a) the nature of the hazard giving rise to the
                           risk; and




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                                                                        r. 2.1.3


               (b) the need for, and the proper use and
                   maintenance of, measures to control the risk.
           Notes
           1      Act compliance—section 21 (see regulation 1.1.7).
           2      Section 21 of the Act also places obligations on an
                  employer in relation to supervision.
       (2) The obligation imposed by subregulation (1) is in
           addition to any other obligation imposed on the
           employer by these Regulations in relation to the
           provision of information, instruction and training.
2.1.3 Medical examinations and health surveillance
       (1) This regulation applies if, under these
           Regulations, an employer is required to ensure
           that an employee is medically examined or that
           any other form of health surveillance is conducted
           in relation to an employee.
       (2) The employer must provide the employee with
           information about the purpose, and the type or
           nature, of the medical examination or other health
           surveillance.
           Note
           Act compliance—sections 21 and 22 (see regulation 1.1.7).
       (3) The medical examination or other health
           surveillance is to be undertaken at the employer's
           expense.
2.1.4 Reports of health surveillance to be confidential
       (1) An employer must ensure that any report resulting
           from the medical examination or other health
           surveillance of an employee required under these
           Regulations, and any summary of the results of
           such a report, is kept confidential except in the
           circumstances set out in subregulation (2).
           Penalty: 60 penalty units for a natural person;
                         300 penalty units for a body corporate.


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                 (2) An employer must provide a copy of a report or
                     summary referred to in subregulation (1) to—
                       (a) an employee to whom the report or summary
                           relates as soon as is reasonably possible after
                           the employer receives the report or
                           summary;
                       (b) if an employee to whom the report or
                           summary relates authorises in writing a third
                           party to have access to the report or
                           summary, that third party;
                       (c) if the Authority requests a copy of the report
                           or summary, or if the employer is otherwise
                           required by these Regulations to give the
                           Authority a copy of the report or summary,
                           the Authority.
                     Penalty: 60 penalty units for a natural person;
                                 300 penalty units for a body corporate.
                     Note
                     Section 69 of the Act provides that the health and safety
                     representative of the members of a designated work group
                     must be allowed access to information that an employer has
                     relating to the health and safety of the members of the
                     group. The section permits a health and safety
                     representative to have access to relevant medical
                     information relating to an employee's health and safety that
                     does not identify individual employees and, with the consent
                     of an employee, medical information that identifies that
                     employee.
           2.1.5 How to involve health and safety representatives in
                 consultation
                 (1) This regulation applies if an employer is required
                     under the Act to consult with employees on a
                     matter and the employees are represented by a
                     health and safety representative.




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                                                                r. 2.1.5


(2) For the purposes of section 36(2) of the Act, the
    employer must involve the health and safety
    representative in the consultation by—
     (a) providing the health and safety
         representative with all of the information
         about the matter that the employer provides,
         or intends to provide, to the employees; and
     (b) unless it is not reasonably practicable to do
         so, providing that information to the health
         and safety representative a reasonable time
         before providing the information to the
         employees; and
     (c) inviting the health and safety representative
         to meet with the employer to consult about
         the matter; and
     (d) if the invitation is accepted, or if otherwise
         requested by the health and safety
         representative, meeting with the health and
         safety representative to consult about the
         matter; and
     (e) giving the health and safety representative a
         reasonable opportunity to express his or her
         views about the matter; and
     (f) taking into account the health and safety
         representative's views about the matter.
    Note
    Act compliance—sections 35 and 36 (see regulation 1.1.7).
            __________________




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                        Part 2.2—Issue Resolution Procedures
r. 2.2.1



               PART 2.2—ISSUE RESOLUTION PROCEDURES

           2.2.1 Application of Part
                      For the purposes of section 73(1) of the Act, this
                      Part sets out the procedure to facilitate the
                      effective resolution of health and safety issues
                      arising at a workplace or from the conduct of an
                      employer's undertaking if there is no relevant
                      agreed procedure for resolution of those issues.
           2.2.2 Parties to the resolution of issues
                  (1) For the purposes of section 73 of the Act, an
                      employer must notify the employees, any health
                      and safety representative and any health and
                      safety committee in the appropriate manner and
                      languages—
                       (a) as to whether the employer intends to
                           participate in the resolution of an issue
                           personally or to nominate an employer
                           representative; and
                       (b) if an employer representative is to be
                           nominated, of the name and position
                           description of the employer representative.
                      Note
                      Employer representatives must meet the requirements set
                      out in sections 73(2)(a) and 73(2)(b) of the Act.
                  (2) If an issue arises before an employer
                      representative has been notified in accordance
                      with subregulation (1) and the employer is not
                      available, the senior manager employed by the
                      employer in that part of the workplace where the
                      issue has arisen is to be the employer
                      representative for the purpose of attempting to
                      resolve the health and safety issue.




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      (3) Only a health and safety representative, or if there
          is no health and safety representative, an
          employee nominated under subregulation (4), can
          act on behalf of employees affected by an issue.
          Note
          Section 57 of the Act states that if a health and safety
          representative ceases to hold office or is unable to exercise
          his or her powers then those powers may be exercised by a
          deputy health and safety representative.
      (4) If there is no health and safety representative, the
          employees affected by an issue may nominate one
          or more employees to act on their behalf.
      (5) At any stage in the resolution of an issue, a party
          may seek the assistance of any relevant
          organisation of employees or of employers to
          assist the parties to resolve the issue.
2.2.3 Procedure for reporting issues
      (1) If a health or safety issue arises in a workplace or
          from the conduct of the undertaking of an
          employer where there is a health and safety
          representative and an employee wishes to raise the
          issue for resolution, the employee must report the
          issue to that representative.
      (2) If a health or safety issue arises in a workplace or
          from the conduct of the undertaking of an
          employer where there is no health and safety
          representative and an employee wishes to raise the
          issue for resolution, that employee must report it
          to the employer or employer representative.
      (3) An employee may take all steps to report an issue,
          including leaving the employee's part of the
          workplace, if the steps are reasonable in the
          circumstances.




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                        Part 2.2—Issue Resolution Procedures
r. 2.2.4


                 (4) Nothing in this regulation prevents an employee
                     from reporting the issue to the employer or any
                     other person in addition to the health and safety
                     representative.
           2.2.4 Procedure for resolving issues
                 (1) As soon as is reasonably possible after a health or
                     safety issue has been reported the following
                     persons must meet and try to resolve the issue—
                       (a) the employer or employer representative; and
                       (b) the health and safety representative or any
                           employee nominated under
                           regulation 2.2.2(4) or the employees affected
                           by the issue.
                 (2) For the purpose of resolving the health and safety
                     issue as quickly and effectively as possible the
                     parties must have regard to—
                       (a) the number and location of employees
                           affected by the issue; and
                       (b) whether appropriate temporary measures are
                           possible or desirable; and
                       (c) the time that may elapse before the issue is
                           permanently resolved; and
                       (d) who, on behalf of the employer, is
                           responsible for performing and overseeing
                           any action agreed necessary to resolve the
                           issue.
                     Note
                     Section 20 of the Act sets out the process to follow in
                     ensuring health and safety.




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      Part 2.2—Issue Resolution Procedures
                                                                  r. 2.2.4


(3) If, after the resolution of the health and safety
    issue, a party involved in the resolution of that
    issue requests the employer to set out in writing
    the details of the issue and matters relating to its
    resolution, the employer must do so, to the
    satisfaction of all parties.
(4) As soon as is reasonably possible after the
    resolution of an issue, the employer must ensure
    that details of any written or oral agreement
    between the parties are—
     (a) brought to the attention of the employees
         affected by the issue; and
     (b) forwarded to any health and safety
         committee.
(5) Any of the parties to the resolution may forward
    details of any agreement between the parties under
    subregulation (4) to any relevant organisation of
    employees or of employers.
(6) An agreement under subregulation (4) must be—
     (a) in a form that is approved by all parties; and
     (b) communicated in the manner and in any
         language that is agreed by the parties to be
         appropriate.
    Note
    Sections 35 and 36 of the Act set out the duty of the
    employer to consult with employees, including involving the
    health and safety representative (if any). (See also
    regulation 2.1.5).
            __________________




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                               Part 3.1—Manual Handling
r. 3.1.1



                 CHAPTER 3—PHYSICAL HAZARDS

                      PART 3.1—MANUAL HANDLING

           3.1.1 Hazard identification
                  (1) An employer must, so far as is reasonably
                      practicable, identify any task undertaken, or to be
                      undertaken, by an employee involving hazardous
                      manual handling.
                      Notes
                      1      Act compliance—section 21 (see regulation 1.1.7).
                      2      Hazardous manual handling is defined in
                             regulation 1.1.5).
                  (2) An employer may carry out a hazard identification
                      under subregulation (1) for a class of tasks rather
                      than for individual tasks if—
                          (a) all the tasks in the class are similar; and
                          (b) the identification carried out for the class of
                              tasks does not result in any person being
                              subject to any greater, additional or different
                              risk to health and safety than if the
                              identification were carried out for each
                              individual task.
           3.1.2 Control of risk
                  (1) An employer must ensure that the risk of a
                      musculoskeletal disorder associated with a
                      hazardous manual handling task affecting an
                      employee is eliminated so far as is reasonably
                      practicable.
                      Note
                      Act compliance—section 21 (see regulation 1.1.7).




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                                                                     r. 3.1.2


(2) If it is not reasonably practicable to eliminate the
    risk of a musculoskeletal disorder associated with
    a hazardous manual handling task affecting an
    employee, an employer must reduce that risk so
    far as is reasonably practicable by—
        (a) altering—
              (i) the workplace layout; or
             (ii) the workplace environment, including
                  heat, cold and vibration, where the task
                  involving manual handling is
                  undertaken; or
            (iii) the systems of work used to undertake
                  the task; or
        (b) changing the objects used in the task
            involving manual handling; or
        (c) using mechanical aids; or
        (d) any combination of paragraphs (a) to (c).
    Notes
    1      Act compliance—section 21 (see regulation 1.1.7).
    2      Under sections 27 to 30 of the Act, designers of plant,
           buildings or structures (or parts of buildings or
           structures) and manufacturers and suppliers of plant or
           substances must ensure, so far as is reasonably
           practicable, that the plant, substance, building or
           structure (or part) is designed, manufactured or
           supplied (as the case may be) to be safe and without
           risks to health, including the risk of musculoskeletal
           disorder.
(3) If it is not reasonably practicable for an employer
    to reduce the risk of a musculoskeletal disorder
    associated with a hazardous manual handling task
    in accordance with subregulation (2), the
    employer may control that risk by the use of
    information, instruction or training.




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r. 3.1.3

                     Notes
                     1      Act compliance—section 21 (see regulation 1.1.7).
                     2      An employer may only rely solely or primarily on the
                            use of information, instruction or training to control a
                            risk if none of the measures set out in subregulation (2)
                            is reasonably practicable.
                 (4) Without affecting the generality of subregulations
                     (1), (2) and (3), an employer, when determining
                     any measure to control any risk of
                     musculoskeletal disorder, must address the
                     following factors—
                         (a) postures; and
                         (b) movements; and
                         (c) forces; and
                         (d) duration and frequency of the task; and
                         (e) environmental conditions including heat,
                             cold and vibration that act directly on a
                             person undertaking the task.
                     Notes
                     1      Act compliance—section 21 (see regulation 1.1.7).
                     2      Sections 35 and 36 of the Act set out the duty of the
                            employer to consult with employees, including
                            involving the health and safety representative (if any).
                            (See also regulation 2.1.5).
           3.1.3 Review of risk control measures
                 (1) An employer must ensure that any measures
                     implemented to control risks in relation to
                     musculoskeletal disorders are reviewed and, if
                     necessary, revised—
                         (a) before any alteration is made to objects used
                             in a workplace or to systems of work that
                             include a task involving hazardous manual
                             handling, including a change in the place
                             where that task is undertaken; or




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                                                         r. 3.1.3


     (b) before an object is used for another purpose
         than that for which it was designed if that
         other purpose may result in an employee
         carrying out hazardous manual handling; or
     (c) if new or additional information about
         hazardous manual handling being associated
         with a task becomes available to the
         employer; or
     (d) if an occurrence of a musculoskeletal
         disorder in a workplace is reported by or on
         behalf of an employee; or
     (e) after any incident occurs to which Part 5 of
         the Act applies that involves hazardous
         manual handling; or
     (f) if, for any other reason, the risk control
         measures do not adequately control the risks;
         or
     (g) after receiving a request from a health and
         safety representative.
    Note
    Act compliance—section 21 (see regulation 1.1.7).
(2) A health and safety representative may make a
    request under subregulation (1)(g) if the health
    and safety representative believes on reasonable
    grounds that—
     (a) any of the circumstances referred to in
         subregulations (1)(a) to (1)(f) exists; or
     (b) the employer has failed—
            (i) to properly review the risk control
                measures; or




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r. 3.1.3


                     (ii) to take account of any of the
                          circumstances referred to in
                          subregulations (1)(a) to (1)(f) in
                          conducting a review of, or revising, the
                          risk control measures.
                     __________________




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                       Part 3.2—Noise
                                                                r. 3.2.1



                    PART 3.2—NOISE

  Division 1—Duties of designers, manufacturers and
                 suppliers of plant

3.2.1 Designers
          A designer of plant must ensure, by taking noise
          emission and exposure into account, that the plant
          is so designed that its sound power level is as low
          as is reasonably practicable.
          Note
          Act compliance—section 27 (see regulation 1.1.7).
3.2.2 Manufacturers
      (1) A manufacturer of plant must ensure, by taking
          noise emission and exposure into account, that the
          plant is so manufactured that its sound power
          level is as low as is reasonably practicable.
          Note
          Act compliance—section 29 (see regulation 1.1.7).
      (2) If plant, when used at a workplace for the purpose
          for which it is manufactured, may cause an
          employee's exposure to noise to exceed the noise
          exposure standard, the manufacturer of the plant
          must—
            (a) determine its sound power level; and
            (b) when supplying the plant to another person,
                ensure that the plant is accompanied by a
                record that states the sound power level of
                the plant.
          Note
          Act compliance—section 29 (see regulation 1.1.7).




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           3.2.3 Suppliers
                 (1) A supplier of plant must provide with the plant
                     any record received from the person from whom
                     the plant was acquired that states the sound power
                     level of the plant.
                     Note
                     Act compliance—section 30 (see regulation 1.1.7).
                 (2) A supplier of plant must take any action that is
                     reasonably necessary in the circumstances to
                     obtain the record that states the sound power level
                     of the plant from the person from whom the plant
                     was acquired.
                     Note
                     Act compliance—section 30 (see regulation 1.1.7).

                       Division 2—Duties of employers

           3.2.4 Control of exposure to noise
                 (1) An employer must ensure that no employee at the
                     workplace is exposed to noise that exceeds the
                     noise exposure standard by implementing the
                     following risk control measures—
                       (a) the employer must eliminate the source of
                           noise to which an employee is exposed, so
                           far as is reasonably practicable;
                       (b) if it is not reasonably practicable to eliminate
                           the source of the noise, the employer must
                           reduce the exposure of the employee to
                           noise, so far as is reasonably practicable,
                           by—
                             (i) substituting quieter plant or processes;
                                 or
                             (ii) using engineering controls;




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                                                                  r. 3.2.4


        (c) if an employee is still exposed to noise that
            exceeds the noise exposure standard after the
            employer has complied with paragraph (b),
            the employer must reduce the exposure of
            the employee to noise, so far as is reasonably
            practicable, by the use of administrative
            controls;
        (d) if an employee is still exposed to noise that
            exceeds the noise exposure standard after the
            employer has complied with paragraphs (b)
            and (c), the employer must provide hearing
            protectors to reduce the exposure of the
            employee to noise, so that it does not exceed
            the noise exposure standard.
    Note
    Act compliance—section 21 (see regulation 1.1.7).
(2) An employer providing hearing protectors under
    subregulation (1)(d) must, when selecting the
    hearing protectors, consider—
        (a) the nature of noise in the workplace; and
        (b) noise levels in the workplace; and
        (c) the duration of exposure to noise; and
        (d) systems of work at the workplace.
    Notes
    1      Act compliance—section 21 (see regulation 1.1.7).
    2      The nature of the noise in the workplace may involve
           consideration of the frequency component, impulse or
           other relevant matters.
(3) If several employees are exposed to identical
    sources of noise at the workplace and their
    exposure to noise is likely to be the same, the
    employer may select hearing protectors for those
    employees by considering the factors in
    subregulation (2) in respect of one or more of
    those employees.



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           3.2.5 Written record of risk control measures
                 (1) If an employer proposes to implement a risk
                     control measure referred to in regulations
                     3.2.4(1)(a) or 3.2.4(1)(b) and it is not reasonably
                     practicable to do so within 6 months of making
                     the decision to implement the control measure, the
                     employer must make a written record that
                     describes the actions necessary to implement the
                     risk control measure and when these actions will
                     be carried out.
                     Penalty: 60 penalty units for a natural person;
                                 300 penalty units for a body corporate.
                 (2) Subregulation (1) does not reduce or limit an
                     employer's obligation to comply with regulation
                     3.2.4(1).
                 (3) An employer who makes a written record under
                     subregulation (1) must ensure that the record is
                     accessible to—
                       (a) the health and safety representative of each
                           designated work group affected by the
                           proposed control measure; and
                       (b) any employee affected by the proposed
                           control measure.
                     Penalty: 60 penalty units for a natural person;
                                 300 penalty units for a body corporate.
                 (4) For the purposes of section 35(1) of the Act, an
                     employer must consult when making the decision
                     to implement the risk control measure that is the
                     subject of a written record under
                     subregulation (1).
                     Note
                     Sections 35 and 36 of the Act set out the duty of the
                     employer to consult with employees, including involving the
                     health and safety representative (if any). (See also
                     regulation 2.1.5).



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                                                                 r. 3.2.6


3.2.6 Hearing protector signs and labels
          If an employer is required under regulation
          3.2.4(1)(d) to provide hearing protectors to an
          employee, the employer must clearly identify by
          signs, labelling of plant or other appropriate
          means, when and where the hearing protectors are
          to be worn.
          Penalty: 100 penalty units for a natural person;
                      500 penalty units for a body corporate.
3.2.7 Determination of exposure to noise
      (1) An employer must ensure that a determination of
          an employee's exposure to noise in the workplace
          is carried out in accordance with this regulation if
          there is uncertainty (based on reasonable grounds)
          as to whether the noise exposure standard is or
          may be exceeded.
          Note
          Act compliance—section 21 (see regulation 1.1.7).
      (2) In considering whether a noise exposure standard
          is or may be exceeded, an employer must not take
          into account the effect of any hearing protectors
          the employee may be using.
      (3) A determination under subregulation (1)—
            (a) must take into account—
                  (i) the level of noise to which the
                      employee is exposed; and
                  (ii) the duration of the exposure; and
                 (iii) plant and other sources of noise at the
                       workplace; and
                 (iv) systems of work at the workplace; and
                  (v) any other relevant factors; and




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                       (b) must not take into account the effect of any
                           hearing protectors the employee may be
                           using.
                 (4) If several employees are exposed to identical
                     sources of noise at a workplace and their exposure
                     to noise is likely to be the same, the employer may
                     determine their exposure to noise by conducting a
                     representative determination in relation to one or
                     more of those employees.
           3.2.8 Record of determinations
                 (1) An employer who makes a determination under
                     regulation 3.2.7(1) must make a written record
                     that—
                       (a) describes how the matters referred to in
                           regulation 3.2.7(3) have been taken into
                           account; and
                       (b) contains the results of the determination.
                     Penalty: 60 penalty units for a natural person;
                                 300 penalty units for a body corporate.
                 (2) An employer who makes a written record under
                     subregulation (1) must retain the record for as
                     long as it is applicable.
                     Penalty: 60 penalty units for a natural person;
                                 300 penalty units for a body corporate.
                 (3) An employer who makes a written record under
                     subregulation (1) must ensure that the record is
                     accessible to—
                       (a) the health and safety representative of each
                           designated work group to which the
                           determination relates; and




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            (b) any employee to whom the determination
                relates.
          Penalty: 5 penalty units for a natural person;
                      25 penalty units for a body corporate.
3.2.9 Review of risk control measures
      (1) An employer must ensure that any measures
          implemented to control an employee's exposure to
          noise are reviewed and, if necessary, revised—
            (a) before any alteration is made to plant used or
                a system of work that is likely to result in
                exposure to noise above the noise exposure
                standard; or
            (b) if the report by the person who conducts
                an audiological examination under
                regulation 3.2.12 states that the employee
                has suffered hearing loss that is likely to be
                due to exposure to noise; or
            (c) after any incident occurs to which Part 5 of
                the Act applies that involves exposure to
                noise above the noise exposure standard; or
            (d) if, for any other reason, the risk control
                measures do not adequately control noise
                exposure to a level at or below the noise
                exposure standard; or
            (e) after receiving a request from a health and
                safety representative.
          Note
          Act compliance—section 21 (see regulation 1.1.7).
      (2) A health and safety representative may make a
          request under subregulation (1)(e) if the health
          and safety representative believes on reasonable
          grounds that—




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                         (a) any of the circumstances referred to in
                             subregulations (1)(a) to (1)(d) exists; or
                         (b) the employer has failed—
                                (i) to properly review the risk control
                                    measures; or
                               (ii) to take account of any of the
                                    circumstances in subregulations (1)(a)
                                    to (1)(d) in conducting a review of, or
                                    revising, the risk control measures.
            3.2.10 Acquisition of plant
                        An employer who introduces new or additional
                        plant for use in the workplace must have regard to
                        the sound power level of the plant in order to
                        ensure, so far as is reasonably practicable, that
                        employees will not be exposed to noise that
                        exceeds the noise exposure standard.
                        Note
                        Act compliance—section 21 (see regulation 1.1.7).
            3.2.11 Audiometric tests
                        If an employer is required under regulation
                        3.2.4(1)(d) to provide hearing protectors to an
                        employee, the employer must provide for
                        audiometric testing for that employee—
                         (a) within 3 months after the employee
                             commences the work in relation to which the
                             hearing protectors are required; and
                         (b) at any time when reasonably requested to do
                             so by the health and safety representative of
                             the designated work group of which the
                             employee is a member; and
                         (c) in any event, at least every 2 years.
                        Note
                        Act compliance—section 22(1) (see regulation 1.1.7).




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3.2.12 Audiological examinations
           If the results of 2 consecutive audiometric tests of
           an employee under regulation 3.2.11 indicate a
           reduction in hearing levels equal to or greater than
           15dB at 3000 Hz, 4000 Hz or 6000 Hz, the
           employer must provide for the employee to
           undergo an audiological examination as soon as is
           reasonably possible.
           Note
           Act compliance—section 22(1) (see regulation 1.1.7).
3.2.13 Report of audiological examination
           An employer must ensure that a person who
           conducts an audiological examination under
           regulation 3.2.12 provides the employer with a
           report that—
             (a) contains the results of the examination; and
             (b) states whether or not the employee has
                 suffered hearing loss that is likely to be due
                 to exposure to noise.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
3.2.14 Test results and examination reports
       (1) If an employee is tested under regulation 3.2.11,
           or examined under regulation 3.2.12, the employer
           must retain the test results or examination report
           for as long as they are applicable.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.




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            (2) Subject to subregulation (3), the employer must,
                on request, provide a health and safety
                representative with aggregate results of the most
                recent audiometric tests under regulation 3.2.11 in
                relation to the representative's designated work
                group.
                Penalty: 60 penalty units for a natural person;
                           300 penalty units for a body corporate.
            (3) Aggregate results provided under subregulation
                (2) must not contain information that identifies the
                employees tested or from which the employee's
                identity could be reasonably obtained.
                       __________________




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         PART 3.3—PREVENTION OF FALLS

           Division 1—Introductory matters

3.3.1 Application of Part
      (1) This Part does not apply in relation to—
            (a) the following activities that are carried out
                under the control or management of an
                employer
                  (i) the performance of stunt work; or
                  (ii) the performance of acrobatics; or
                 (iii) a theatrical performance; or
                 (iv) a sporting or athletic activity; or
                  (v) the riding of a bicycle, motorcycle or
                      all-terrain vehicle; or
                 (vi) horse riding; or
                (vii) rock climbing, abseiling or any other
                      similar activities; or
            (b) a task that is undertaken on those parts of a
                building or structure (including stairs, fixed
                ladders, ramps and balconies) that
                  (i) comply with any applicable
                      requirements of AS 1657—Fixed
                      platforms, walkways, stairways and
                      ladders—Design, construction and
                      installation; and
                  (ii) comply with any applicable
                       requirements of the Building
                       Regulations 20061; and
                 (iii) are used for the purpose for which they
                       were designed, including for access and
                       egress; or



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                       (c) any activity determined by the Authority in
                           accordance with subregulation (2).
                 (2) The Authority may determine an activity to be
                     excluded from the application of this Part if the
                     Authority is satisfied that the activity is of a
                     similar nature to an activity referred to in
                     subregulation (1)(a).
           3.3.2 Application to employers of emergency service
                 employees
                     Without limiting the application of this Part (other
                     than regulations 3.3.5, 3.3.6 and 3.3.7),
                     regulations 3.3.5, 3.3.6 and 3.3.7 apply so far as is
                     reasonably practicable to an employer of—
                       (a) an emergency service employee when that
                           employee is—
                             (i) undertaking the rescue of a person; or
                             (ii) providing first aid to a person; or
                            (iii) undertaking training to deal with
                                  emergency and rescue operations; or
                            (iv) carrying out an emergency response; or
                       (b) a law enforcement officer within the
                           meaning of the Surveillance Devices Act
                           1999 when that officer is—
                             (i) installing, using, maintaining or
                                 retrieving a surveillance device or a
                                 tracking device under an emergency
                                 authorisation or a warrant issued under
                                 that Act; or
                             (ii) engaged in any other surveillance
                                  operation authorised by a senior officer
                                  under that Act; or
                            (iii) undertaking training in relation to
                                  surveillance duties or operations
                                  required in the application of that Act.


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               Division 2—Duties of employers

3.3.3 Hazard identification
           An employer must, so far as is reasonably
           practicable, identify any task that an employee is
           required to undertake at a workplace that involves
           a fall hazard including—
               (a) on any plant or structure being constructed,
                   demolished, inspected, tested, maintained,
                   repaired or cleaned;
               (b) on a fragile, slippery or potentially unstable
                   surface;
               (c) using equipment to gain access to an
                   elevated level or to undertake the task at an
                   elevated level;
               (d) on a sloping surface on which it is difficult to
                   maintain balance;
               (e) in close proximity to an unprotected edge;
               (f) in close proximity to a hole, shaft or pit that
                   is of sufficient dimensions to allow a person
                   to fall into the hole, shaft or pit.
           Notes
           1      Act compliance—section 21 (see regulation 1.1.7).
           2      A fall in this Part means an involuntary fall of over
                  2 metres (see the definition of fall in regulation 1.1.5).
3.3.4 Control of risk
       (1) An employer must ensure that if an employee is
           required to undertake a task at the workplace that
           involves a risk of a fall, the risk is controlled, so
           far as is reasonably practicable, by arranging for
           the task to be undertaken—




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                   (a) on the ground; or
                   (b) on a solid construction.
               Notes
               1      Act compliance—section 21 (see regulation 1.1.7).
               2      See subregulation (6) for the definition of solid
                      construction.
           (2) If it is not reasonably practicable to comply with
               subregulation (1), or only part of a task may be
               undertaken in accordance with subregulation (1),
               and a risk of a fall remains, the employer must
               reduce the risk, so far as is reasonably practicable,
               by ensuring that a passive fall prevention device is
               used.
               Notes
               1      Act compliance—section 21 (see regulation 1.1.7).
               2      Examples of a passive fall prevention device are given
                      in the definition of that term in regulation 1.1.5.
           (3) If it is not reasonably practicable to comply with
               subregulations (1) and (2), or only part of a task
               may be undertaken in accordance with those
               subregulations, and a risk of a fall remains, the
               employer must reduce the risk, so far as is
               reasonably practicable, by using a work
               positioning system.
               Notes
               1      Act compliance—section 21 (see regulation 1.1.7).
               2      Work positioning system is defined in regulation 1.1.5.
           (4) If it is not reasonably practicable to comply with
               subregulations (1), (2) and (3), or only part of a
               task may be undertaken in accordance with those
               subregulations, and a risk of a fall remains, the
               employer must reduce the risk, so far as is
               reasonably practicable, by putting in place a fall
               arrest system.




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          Note
          1      Act compliance—section 21 (see regulation 1.1.7).
          2      Examples of a fall arrest system are given in the
                 definition of that term in regulation 1.1.5.
      (5) If it is not reasonably practicable to comply with
          subregulations (1), (2), (3) and (4), or only part of
          a task may be undertaken in accordance with
          those subregulations, and a risk of a fall remains,
          the employer must reduce the risk, so far as is
          reasonably practicable, by ensuring that—
              (a) a fixed or portable ladder is used in
                  accordance with regulation 3.3.5; or
              (b) an administrative control is used.
          Note
          Act compliance—section 21 (see regulation 1.1.7).
      (6) In this regulation, solid construction means an
          area that has
              (a) a surface that is structurally capable of
                  supporting people, material and any other
                  loads intended to be applied to it; and
              (b) barriers around its perimeter and any open
                  penetrations to prevent a fall from the area;
                  and
              (c) an even and readily negotiable surface and
                  gradient; and
              (d) a safe means of access and egress.
3.3.5 Use of ladder as a control measure
          An employer must ensure that a fixed or portable
          ladder used in accordance with regulation 3.3.4 to
          control the risk of a fall—
              (a) is fit for the purpose; and




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                       (b) is appropriate for the duration of the task;
                           and
                       (c) is set up in a correct manner.
           3.3.6 Use of administrative control only
                 (1) If an employer uses only an administrative control
                     in accordance with regulation 3.3.4 to control the
                     risk of a fall, the employer must, before the task is
                     undertaken, record—
                       (a) a description of the administrative control
                           used; and
                       (b) a description of the task to which the
                           administrative control relates.
                     Penalty: 60 penalty units for a natural person;
                                 300 penalty units for a body corporate.
                 (2) In complying with subregulation (1), an employer
                     may make a generic record in respect of a task to
                     which an administrative control relates if the task
                     will be undertaken in the same or similar
                     circumstances at more than one workplace or at
                     more than one work area within a workplace.
                 (3) The employer must retain a record made under
                     this regulation for the period during which the
                     task to which the administrative control relates is
                     being undertaken.
                     Penalty: 60 penalty units for a natural person;
                                 300 penalty units for a body corporate.
                 (4) The preparation of a safe work method statement
                     in accordance with regulation 5.1.9 is to be taken
                     to be compliance with subregulation (1).




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3.3.7 Use of plant to control risk
       (1) An employer must ensure that any plant used to
           control a risk of a fall is—
              (a) designed and constructed for the task or
                  range of tasks to be undertaken; and
              (b) designed and constructed in such a way as to
                  enable its safe use in the physical
                  surroundings in which it is to be used and the
                  conditions during which it is to be used.
             Examples
             Examples of physical surroundings are the type and
             condition of supporting surface and proximity to powerlines
             and trees.
             Examples of conditions are lighting and weather conditions.
             Note
             Act compliance—section 21 (see regulation 1.1.7).
       (2) An employer must ensure that the installation,
           erection or dismantling of plant used to control the
           risk of a fall is carried out in such a manner as to
           reduce, so far as is reasonably practicable, any
           risk while that installation, erection or dismantling
           is being carried out.
             Examples
             Examples of the risks to be reduced are risks of a fall,
             electric shock, crushing and musculoskeletal disorder.
             Note
             Act compliance—section 21 (see regulation 1.1.7).
3.3.8 Review of risk control measures
       (1)   An employer must ensure that any measures
             implemented to control risks in relation to falls are
             reviewed and, if necessary, revised—
              (a) before any alteration is made to plant or
                  systems of work that is likely to result in a
                  fall; or



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                      (b) after any incident occurs to which Part 5 of
                          the Act applies that involves a fall or the risk
                          of a fall; or
                      (c) if, for any other reason, the risk control
                          measures do not adequately control the risks;
                          or
                      (d) after receiving a request from a health and
                          safety representative.
                     Note
                     Act compliance—section 21 (see regulation 1.1.7).
                 (2) A health and safety representative may make a
                     request under subregulation (1)(d) if the health
                     and safety representative believes on reasonable
                     grounds that—
                      (a) any of the circumstances referred to in
                          subregulations (1)(a) to (1)(c) exists; or
                      (b) the employer has failed—
                             (i) to properly review the risk control
                                 measures; or
                            (ii) to take account of any of the
                                 circumstances referred to in
                                 subregulations (1)(a) to (1)(c) in
                                 conducting a review of, or revising, the
                                 risk control measures.
           3.3.9 Emergency procedures
                 (1) If an employer uses a risk control measure in
                     accordance with subregulation (2), (3), (4) or (5)
                     of regulation 3.3.4 to control the risk of a fall, the
                     employer must ensure that emergency procedures
                     are established in accordance with this regulation
                     before the task is undertaken.
                     Note
                     Act compliance—section 21 (see regulation 1.1.7).




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(2) An employer must ensure that emergency
    procedures, so far as is reasonably practicable,
    enable
     (a) the rescue of an employee in the event of a
         fall; and
     (b) the provision of first aid to an employee who
         has fallen.
(3) An employer must ensure that an emergency
    procedure can be carried out immediately after the
    fall.
(4) An employer must ensure that any risk associated
    with the carrying out of an emergency
    procedure—
     (a) is eliminated so far as is reasonably
         practicable; and
     (b) if it is not reasonably practicable to eliminate
         the risk, is reduced so far as is reasonably
         practicable.
    Example
    Examples of risks associated with the carrying out of
    emergency procedures are risks of a fall, electric shock,
    crushing and musculoskeletal disorder.
            __________________




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                       PART 3.4—CONFINED SPACES

                      Division 1—Introductory matters

           3.4.1 Application to employers of emergency service
                 employees
                     This Part does not apply to an employer of an
                     emergency service employee if at the direction of
                     the employer the employee is—
                       (a) undertaking the rescue of a person from a
                           confined space; or
                       (b) providing first aid to a person in a confined
                           space.

             Division 2—Duties of designers, manufacturers and
                            suppliers of plant

           3.4.2 Designers
                     A designer of plant that includes, or is intended to
                     include, a confined space must ensure that the
                     plant is designed so that—
                       (a) the need for any person to enter the space is
                           eliminated so far as is reasonably
                           practicable; or
                       (b) if it is not reasonably practicable to eliminate
                           the need to enter the space—
                             (i) the need to enter is reduced so far as is
                                 reasonably practicable; and




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                 (ii) any risk associated with the means of
                      entry to and exit from the space is
                      eliminated so far as is reasonably
                      practicable or, if it is not reasonably
                      practicable to eliminate the risk,
                      reduced so far as is reasonably
                      practicable.
         Note
         Act compliance—section 27 (see regulation 1.1.7).
3.4.3 Manufacturers
         A manufacturer of plant that includes, or is
         intended to include, a confined space must ensure
         that the plant is manufactured so that—
           (a) the need for any person to enter the space is
               eliminated so far as is reasonably
               practicable; or
           (b) if it is not reasonably practicable to eliminate
               the need to enter the space—
                 (i) the need to enter is reduced so far as is
                     reasonably practicable; and
                 (ii) any risk associated with the means of
                      entry to and exit from the space is
                      eliminated so far as is reasonably
                      practicable or, if it is not reasonably
                      practicable to eliminate the risk,
                      reduced so far as is reasonably
                      practicable.
         Note
         Act compliance—section 29 (see regulation 1.1.7).




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           3.4.4 Suppliers
                 (1) A supplier of plant that includes, or is intended to
                     include, a confined space must ensure, so far as is
                     reasonably practicable, that the plant has been
                     designed and manufactured in accordance with
                     regulations 3.4.2 and 3.4.3 before the plant is
                     supplied.
                     Note
                     Act compliance—section 30 (see regulation 1.1.7).
                 (2) If it is not reasonably practicable for a supplier to
                     comply with subregulation (1), the supplier must
                     ensure, before the plant is supplied, that—
                       (a) the need for any person to enter the confined
                           space is eliminated so far as is reasonably
                           practicable; or
                       (b) if it is not reasonably practicable to eliminate
                           the need to enter the space—
                             (i) the need to enter is reduced so far as is
                                 reasonably practicable; and
                             (ii) any risk associated with the means of
                                  entry to and exit from the space is
                                  eliminated so far as is reasonably
                                  practicable or, if it is not reasonably
                                  practicable to eliminate the risk,
                                  reduced so far as is reasonably
                                  practicable.
                     Note
                     Act compliance—section 30 (see regulation 1.1.7).

                       Division 3—Duties of employers

           3.4.5 Application of Division
                     In this Division a reference to a confined space in
                     relation to an employer means a confined space
                     under the management or control of the employer.



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3.4.6 Hazard identification
       (1) An employer must, so far as is reasonably
           practicable, identify all hazards to health or safety
           associated with work in a confined space.
           Notes
           1      Act compliance—section 21 (see regulation 1.1.7).
           2      See definition of work in a confined space in
                  regulation 1.1.5.
       (2) An employer may carry out hazard identification
           under subregulation (1) for a class of confined
           space rather than for an individual confined space
           if—
               (a) all the confined spaces in the class are
                   similar; and
               (b) the identification carried out for the class of
                   confined space does not result in any
                   employee being subject to any greater,
                   additional or different risk to health and
                   safety than if the identification were carried
                   out for each individual confined space.
3.4.7 Control of risk
       (1) An employer must ensure that any risk associated
           with work in a confined space is eliminated so far
           as is reasonably practicable.
           Note
           Act compliance—sections 21 and 23 (see regulation 1.1.7).
       (2) If it is not reasonably practicable for an employer
           to ensure that any risk associated with work in a
           confined space is eliminated, the employer must
           reduce that risk so far as is reasonably practicable
           taking into account the following matters—
               (a) the nature of the confined space; and




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                       (b) if a hazard is associated with the level of
                           oxygen or the level of any contaminant in the
                           atmosphere of the confined space, any
                           change that may occur in the level of oxygen
                           or contaminant; and
                       (c) the work required to be performed in the
                           confined space, the range of methods by
                           which the work can be done and the selected
                           method of working; and
                       (d) any work required to be performed outside
                           the confined space that may be associated
                           with a hazard; and
                       (e) the means of entry to and exit from the
                           confined space; and
                       (f) the type of emergency procedures required.
                      Note
                      Act compliance—sections 21 and 23 (see regulation 1.1.7).
           3.4.8 Isolation of plant and services
                      An employer must ensure that any risk associated
                      with work in a confined space in relation to—
                       (a) the introduction of any substance or
                           condition from or by any plant or services
                           connected to the space; or
                       (b) the activation or energising in any way of
                           any plant or services connected to the
                           space—
                      is eliminated so far as is reasonably practicable or,
                      if it is not reasonably practicable to eliminate the
                      risk, is reduced so far as is reasonably practicable.
                      Note
                      Act compliance—sections 21 and 23 (see regulation 1.1.7).




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3.4.9 Atmosphere
      (1) An employer must ensure, in relation to work in a
          confined space, that—
           (a) purging or ventilation of any contaminant in
               the atmosphere of the space is carried out, so
               far as is reasonably practicable; and
           (b) pure oxygen or gas mixtures with oxygen in
               a concentration greater than 21% by volume
               are not used for purging or ventilation of any
               contaminant in the atmosphere of the space.
          Note
          Act compliance—sections 21 and 23 (see regulation 1.1.7).
      (2) An employer must ensure, during work in a
          confined space, that—
           (a) the atmosphere of the space has a safe
               oxygen level; or
           (b) if it is not reasonably practicable to comply
               with paragraph (a), the employee is provided
               with air-supplied respiratory protective
               equipment.
          Note
          Act compliance—sections 21 and 23 (see regulation 1.1.7).
      (3) An employer must ensure, during work in a
          confined space, that—
           (a) an employee is not exposed to an
               atmospheric concentration of a contaminant
               in the atmosphere of the space above the
               exposure standard (if any) for that
               contaminant; or




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                         (b) if it is not reasonably practicable to comply
                             with paragraph (a), the employee is provided
                             with air-supplied respiratory protective
                             equipment or other appropriate respiratory
                             protective equipment.
                        Note
                        Act compliance—sections 21 and 23 (see regulation 1.1.7).
                    (4) An employer must ensure that an employee uses
                        the personal protective equipment provided under
                        this regulation.
                        Note
                        Act compliance—sections 21 and 23 (see regulation 1.1.7).
                    (5) In this regulation purging means the method by
                        which any contaminant is displaced from a
                        confined space.
            3.4.10 Fire or explosion
                        If there is a likelihood of fire or explosion in a
                        confined space, an employer must ensure that no
                        source of ignition is introduced to the space,
                        whether introduced from within or outside the
                        space.
                        Note
                        Act compliance—sections 21 and 23 (see regulation 1.1.7).
            3.4.11 Flammable gases or vapours
                    (1) An employer must ensure during work in a
                        confined space that—
                         (a) so far as is reasonably practicable, the
                             concentration of any flammable gas or
                             vapour in the atmosphere of the space is
                             below 5% of its LEL; or
                         (b) if it is not reasonably practicable to comply
                             with paragraph (a) and the concentration of
                             any flammable gas or vapour in the
                             atmosphere of the space—


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                    (i) is equal to or greater than 5% but less
                        than 10% of its LEL, any employee is
                        removed immediately from the space
                        unless a suitably-calibrated,
                        continuous-monitoring, flammable gas
                        detector is used in the space while the
                        employee is in the space; or
                    (ii) is equal to or greater than 10% of its
                         LEL, any employee is removed
                         immediately from the space.
           Note
           Act compliance—sections 21 and 23 (see regulation 1.1.7).
       (2) In this regulation LEL (lower explosive limit) of a
           flammable gas or vapour means the concentration
           of that gas or vapour in air below which the
           propagation of a flame does not occur on contact
           with an ignition source.
3.4.12 Signs
       (1) An employer must ensure that signs are erected
           that comply with subregulation (2) in the
           immediate vicinity of a confined space for any
           period that—
               (a) work is performed in the confined space; or
               (b) work is performed in preparation for, or
                   completion of, work in the confined space.
           Penalty: 100 penalty units for a natural person;
                        500 penalty units for a body corporate.
       (2) The signs must—
               (a) identify the confined space; and
               (b) notify employees that they must not enter the
                   confined space unless they have a confined
                   space entry permit; and




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                         (c) be clear and prominently positioned next to
                             each entry point to the confined space.
            3.4.13 Review of risk control measures
                   (1) An employer must ensure that any measures
                       implemented to control risks in relation to work in
                       a confined space are reviewed and, if necessary,
                       revised—
                         (a) after any incident occurs to which Part 5 of
                             the Act applies that involves work in a
                             confined space; or
                         (b) if, for any other reason, the risk control
                             measures do not adequately control the risks;
                             or
                         (c) after receiving a request from a health and
                             safety representative.
                       Note
                       Act compliance—sections 21 and 23 (see regulation 1.1.7).
                   (2) A health and safety representative may make a
                       request under subregulation (1)(c) if the health
                       and safety representative believes on reasonable
                       grounds that—
                         (a) the circumstances referred to in
                             subregulations (1)(a) and (1)(b) exist; or
                         (b) the employer has failed—
                               (i) to properly review the risk control
                                   measures; or
                               (ii) to take account of the circumstances
                                    referred to in subregulations (1)(a) and
                                    (1)(b) in conducting a review of, or
                                    revising, the risk control measures.




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3.4.14 Confined space entry permit
       (1) An employer must ensure that an employee does
           not enter a confined space unless the employer has
           issued a confined space entry permit in
           accordance with this regulation permitting the
           employee to enter the confined space.
           Note
           Act compliance—section 21 (see regulation 1.1.7).
       (2) A confined space entry permit—
             (a) must only apply to one confined space; and
             (b) may permit one or more employees to enter
                 that confined space.
       (3) A confined space entry permit must list—
             (a) the confined space to which the permit
                 applies; and
             (b) the measures to control risk for the confined
                 space; and
             (c) the name of any employee permitted to enter
                 the confined space; and
             (d) if an employer assigns any person to perform
                 any function in relation to regulation 3.4.16,
                 the name of that person; and
             (e) the period of time that the permit is in
                 operation.
3.4.15 Employer to retain entry permits
           An employer must retain each confined space
           entry permit issued by the employer for 30 days
           from the date on which the permit ceases to be in
           operation.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.




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            3.4.16 Communication and initiation of emergency
                   procedures
                       An employer must ensure that when an employee
                       is working in a confined space—
                         (a) there is continuous communication from
                             outside the confined space between the
                             employer, or a person assigned by the
                             employer, and the employee in the confined
                             space; and
                         (b) the emergency procedures can be initiated
                             from outside the confined space.
                       Note
                       Act compliance—section 21 (see regulation 1.1.7).
            3.4.17 Procedures to indicate entry into confined space
                       An employer must ensure that for the period of the
                       operation of the confined space entry permit, a
                       procedure is in place under which the employer,
                       or a person assigned by the employer, knows
                       when any employee is in the confined space.
                       Note
                       Act compliance—section 21 (see regulation 1.1.7).
            3.4.18 Procedures to ensure exit from confined space
                       An employer must ensure that all employees have
                       exited a confined space on completion of work for
                       which a confined space entry permit is in
                       operation.
                       Note
                       Act compliance—section 21 (see regulation 1.1.7).




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3.4.19 Record of exit from confined space
           An employer must ensure that there is a written
           record that all employees have exited a confined
           space on completion of work for which a confined
           space entry permit is in operation.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
3.4.20 Emergency procedures
       (1) An employer must ensure, in relation to work in a
           confined space, that emergency procedures are
           established, in accordance with this regulation, for
           the control and management of an emergency in
           the confined space, including procedures for—
             (a) the rescue of any employee from the
                 confined space; and
             (b) first aid to be provided to any employee in
                 the confined space and after rescue from the
                 confined space.
           Note
           Act compliance—section 21 (see regulation 1.1.7).
       (2) The emergency procedures must take into
           account—
             (a) the matters referred to in regulations
                 3.4.7(2)(a) to 3.4.7(2)(e); and
             (b) the matters referred to in regulations 3.4.16
                 and 3.4.17.
       (3) An employer must ensure that the emergency
           procedures are rehearsed by the relevant
           employees.
           Note
           Act compliance—section 21 (see regulation 1.1.7).




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                   (4) An employer must ensure that the emergency
                       procedures are carried out as soon as is reasonably
                       possible after an emergency arises in a confined
                       space.
                       Note
                       Act compliance—section 21 (see regulation 1.1.7).
                   (5) An employer must ensure that any risk associated
                       with the carrying out of the emergency procedures
                       is—
                        (a) eliminated so far as is reasonably
                            practicable; or
                        (b) if it is not reasonably practicable to eliminate
                            the risk, reduced so far as is reasonably
                            practicable.
                       Note
                       Act compliance—section 21 (see regulation 1.1.7).
            3.4.21 Emergency procedures—personal protective
                   equipment
                   (1) An employer must provide an employee with air-
                       supplied respiratory protective equipment if the
                       employee enters, or carries out emergency
                       procedures in, a confined space in an
                       emergency—
                        (a) arising from an atmosphere that does not
                            have a safe oxygen level or has a harmful
                            level of any contaminant; or
                        (b) if there is a likelihood of a condition under
                            paragraph (a) arising while the employee is
                            in the confined space.
                       Note
                       Act compliance—section 21 (see regulation 1.1.7).




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       (2) An employer must provide an employee with
           appropriate personal protective equipment if the
           employee enters or carries out emergency
           procedures in a confined space in an emergency—
            (a) arising from engulfment; or
            (b) if there is a likelihood of a condition under
                paragraph (a) arising while the employee is
                in the confined space.
           Note
           Act compliance—section 21 (see regulation 1.1.7).
       (3) An employer must ensure that an employee uses
           the personal protective equipment provided under
           this regulation.
           Note
           Act compliance—section 21 (see regulation 1.1.7).
3.4.22 Emergency procedures—entry and exit for rescue
       (1) An employer must ensure that—
            (a) openings for the entry to and exit from a
                confined space are of adequate size to permit
                the rescue of any employee in the space and
                are not obstructed by fittings or plant that
                could impede rescue; or
            (b) if it is not reasonably practicable to comply
                with paragraph (a), an alternative means of
                entry to and exit from the space for rescue
                purposes is provided.
           Note
           Act compliance—section 21 (see regulation 1.1.7).
       (2) If an alternative means of entry to and exit from a
           confined space for rescue purposes is provided
           under subregulation (1)(b), the employer must
           ensure that any risk associated with the alternative
           means is—




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                         (a) eliminated so far as is reasonably
                             practicable; or
                         (b) if it is not reasonably practicable to eliminate
                             the risk, reduced so far as is reasonably
                             practicable.
                       Note
                       Act compliance—section 21 (see regulation 1.1.7).
            3.4.23 Emergency procedures—maintenance of plant
                       An employer must ensure that any plant provided
                       for use in the emergency procedures is maintained
                       so that it is fit for the purpose.
                       Note
                       Act compliance—sections 21 and 23 (see regulation 1.1.7).
            3.4.24 Information, instruction and training
                       An employer must ensure, in relation to work in a
                       confined space, that the relevant employees are
                       provided with information, instruction and
                       training in—
                         (a) the nature of any hazard associated with the
                             confined space; and
                         (b) the need for, and proper use of, measures to
                             control risk; and
                         (c) the selection, use, fit, testing and storage of
                             any personal protective equipment; and
                         (d) the contents of any confined space entry
                             permit relevant to the employees; and
                         (e) the emergency procedures.
                       Note
                       Act compliance—section 21 (see regulation 1.1.7).




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       Division 4—Duties of self-employed persons

3.4.25 Self-employed person to have the same duties as an
       employer
       (1) A self-employed person must comply with the
           requirements of Division 3 as if that person were
           an employer.
       (2) If a provision of Division 3 is an Act compliance
           provision, compliance by a self-employed person
           with that provision in respect of a matter is the
           way that the self-employed person complies with
           the self-employed person's duty under section 24
           of the Act in respect of that matter.
       (3) A self-employed person's duties under this
           regulation apply only so far as to ensure, so far as
           is reasonably practicable, that persons are not
           exposed to risks to their health and safety arising
           from the conduct of the undertaking of the self-
           employed person.
                   __________________




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                               PART 3.5—PLANT

                      Division 1—Introductory matters

           3.5.1 Application of Part
                 (1) This Part applies only to the following types of
                     plant—
                       (a) subject to subregulation (3), plant that
                           processes material by way of a mechanical
                           action that—
                             (i) cuts, drills, punches or grinds the
                                 material; or
                             (ii) presses, forms, hammers, joins or
                                  moulds the material; or
                            (iii) combines, mixes, sorts, packages,
                                  assembles, knits or weaves the
                                  material—
                           including plant where the functions set out in
                           subparagraphs (i), (ii) and (iii) are incidental
                           to the main purpose of the plant;
                       (b) subject to subregulation (3), plant that lifts or
                           moves people or materials (other than a ship,
                           boat, aircraft or, except as provided in
                           subregulation (4), a vehicle designed to be
                           used primarily as a means of transport on a
                           public road or rail);
                       (c) pressure equipment;
                       (d) tractors;
                       (e) earthmoving machinery;
                       (f) lasers;
                       (g) scaffolds;




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            (h) temporary access equipment;
             (i) explosive-powered tools;
             (j) turbines;
            (k) amusement structures.
       (2) Unless specified otherwise, this Part applies to all
           plant irrespective of the date on which the plant
           was manufactured.
       (3) Subregulations (1)(a) and (1)(b) do not include—
            (a) plant that relies exclusively on manual power
                for its operation; and
            (b) plant that is designed to be primarily
                supported by hand.
       (4) Division 5 applies to a vehicle designed to be used
           primarily as a means of transport on public roads
           or rail, if that vehicle is being used in a workplace
           other than a public road or rail.
3.5.2 Hazard identification may be for classes of plant
       (1) This regulation applies to a person who—
            (a) has a duty under Part 3 of the Act to
                eliminate risks to health or safety in relation
                to plant so far as is reasonably practicable;
                and
            (b) is required under this Part to identify the
                hazards to that health or safety.
       (2) A person referred to in subregulation (1) may
           carry out procedures to identify the hazards to
           health and safety for a class of plant rather than
           for an individual item of plant if—
            (a) all the plant in the class have similar
                functions and productive capacity; and




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                       (b) the identification carried out for the class of
                           plant does not result in any person being
                           subject to a greater, additional or different
                           risk to health and safety than if the
                           identification were carried out for each
                           individual item of plant.

                   Division 2—Duties of designers of plant

           3.5.3 Hazard identification
                     A designer of plant must ensure, so far as is
                     reasonably practicable, that all hazards associated
                     with the use of plant are identified during the
                     design of the plant.
                     Note
                     Act compliance—section 27 (see regulation 1.1.7).
           3.5.4 Guarding
                 (1) If a designer of plant uses guarding as a measure
                     to control risk, the designer must, so far as is
                     reasonably practicable, ensure that the guarding
                     designed for that purpose will prevent access to
                     the danger point or danger area of the plant.
                     Note
                     Act compliance—section 27 (see regulation 1.1.7).
                 (2) If a designer of plant uses guarding as a measure
                     to control risk, the designer must ensure that—
                       (a) if access to the area of the plant requiring
                           guarding is not necessary during operation,
                           maintenance or cleaning of the plant, the
                           guarding is a permanently fixed physical
                           barrier; or




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     (b) if access to the area of the plant requiring
         guarding is necessary during operation,
         maintenance or cleaning of the plant, the
         guarding is an interlocked physical barrier
         that allows access to the area being guarded
         at times when that area does not present a
         risk and prevents access to that area at any
         other time; or
     (c) if it is not reasonably practicable to use
         guarding referred to in paragraph (a) or (b),
         the guarding used is a physical barrier that
         can only be altered or removed by the use of
         tools; or
     (d) if it is not reasonably practicable to use
         guarding referred to in paragraph (a), (b)
         or (c), the design includes a presence-sensing
         safeguarding system that eliminates any risk
         arising from the area of the plant requiring
         guarding while a person or any part of a
         person is in the area being guarded.
    Note
    Act compliance—section 27 (see regulation 1.1.7).
(3) If a designer of plant uses guarding as a measure
    to control risk the designer must ensure that the
    guarding is—
     (a) designed to make by-passing or disabling of
         the guarding, whether deliberately or by
         accident, as difficult as is reasonably
         possible; and
     (b) designed so as not to cause a risk in itself.
    Note
    Act compliance—section 27 (see regulation 1.1.7).




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                 (4) If a designer of plant—
                       (a) uses guarding as a measure to control risk;
                           and
                       (b) the plant to be guarded contains moving
                           parts and those parts may break or cause
                           workpieces to be ejected from the plant—
                     the designer must ensure, so far as is reasonably
                     practicable, that the guarding will control any risk
                     from those broken or ejected parts and
                     workpieces.
                     Note
                     Act compliance—section 27 (see regulation 1.1.7).
                 (5) Despite anything to the contrary in this regulation,
                     any guarding a designer of plant uses as a measure
                     to control risk in relation to plant may be of a kind
                     that is able to be removed to allow convenient
                     repair, servicing and maintenance of plant at any
                     time that the plant is not in normal operation.
           3.5.5 Operator's controls
                 (1) A designer of plant must ensure that the design
                     provides for any operator's controls for the plant
                     to be—
                       (a) suitably identified on the plant so as to
                           indicate their nature and function; and
                       (b) located so as to be readily and conveniently
                           operated by each person using the plant; and
                       (c) located or guarded to prevent unintentional
                           activation; and
                       (d) able to be locked into the "off" position to
                           enable the disconnection of all motive
                           power.
                     Note
                     Act compliance—section 27 (see regulation 1.1.7).




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      (2) If the need for plant to be operated during
          maintenance or cleaning cannot be eliminated, the
          designer of the plant must ensure that the design
          provides for controls that—
            (a) permit operation of the plant while a person
                is undertaking the maintenance or cleaning
                of the plant; and
            (b) cannot be operated by any person other than
                the person who is carrying out the
                maintenance or cleaning of the plant; and
            (c) will allow operation of the plant in such a
                way that any risk associated with the
                activities in relation to any person who is
                carrying out the maintenance or cleaning—
                  (i) is eliminated so far as is reasonably
                      practicable; or
                  (ii) if it is not reasonably practicable to
                       eliminate the risk, is reduced so far as is
                       reasonably practicable.
          Note
          Act compliance—section 27 (see regulation 1.1.7).
3.5.6 Operational stop controls and emergency stop
      devices
      (1) If plant is designed to be operated or attended by
          more than one person and more than one stop
          control is fitted, the designer of the plant must
          ensure that the design provides for the multiple
          stop controls to be of the "stop and lock-off" type
          so that the plant cannot be restarted after a stop
          control has been used unless each stop control is
          reset.
          Penalty: 100 penalty units for a natural person;
                      500 penalty units for a body corporate.




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                 (2) If the design of the plant includes an emergency
                     stop device for the plant, the designer of the plant
                     must ensure that the design provides—
                      (a) for the device to be prominent, clearly and
                          durably marked and immediately accessible
                          to each operator of the plant; and
                      (b) for any handle, bar or push button associated
                          with the device to be coloured red; and
                      (c) that the device cannot be adversely affected
                          by electrical or electronic circuit
                          malfunction.
                     Penalty: 100 penalty units for a natural person;
                                500 penalty units for a body corporate.
           3.5.7 Warning devices
                 (1) If the design of the plant includes an emergency
                     warning device for the plant, the designer of the
                     plant must ensure that the design provides for the
                     device to be positioned on the plant to ensure the
                     device will work to best effect.
                     Penalty: 100 penalty units for a natural person;
                                500 penalty units for a body corporate.
                 (2) If there is a likelihood of powered mobile plant
                     colliding with pedestrians or other powered
                     mobile plant, the designer must ensure that the
                     design of the plant incorporates a warning device
                     that will warn people who may be at risk from the
                     movement of the plant.
                     Penalty: 100 penalty units for a natural person;
                                500 penalty units for a body corporate.




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3.5.8 Provision of information to manufacturer
          A designer of plant must ensure, when the design
          of the plant is made available to the manufacturer,
          that the manufacturer of the plant is provided with
          information to enable the plant to be manufactured
          in accordance with the design specifications and,
          if applicable, with information relating to—
            (a) the installation, commissioning,
                decommissioning, use, transport, storage
                and, if the plant is capable of being
                dismantled, dismantling of the plant; and
            (b) the hazards and any risk associated with the
                use of the plant identified in accordance with
                this Division; and
            (c) testing or inspections to be carried out on the
                plant; and
            (d) the systems of work and competency of
                operators that are necessary for the safe use
                of the plant; and
            (e) the emergency procedures (if any) that are
                required to be implemented if there is a
                malfunction of the plant.
          Note
          Act compliance—section 27 (see regulation 1.1.7).
3.5.9 Hazard identified in design during manufacture
          If a manufacturer of plant advises the designer of
          the plant under regulation 3.5.12(1)(c) that there is
          a hazard in the design of plant for which the
          designer has not provided a risk control, the
          designer must—
            (a) revise the information originally supplied to
                the manufacturer to ensure that—
                  (i) the risk is eliminated so far as is
                      reasonably practicable; or



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                              (ii) if it is not reasonably practicable to
                                   eliminate the risk, the risk is reduced so
                                   far as is reasonably practicable; or
                        (b) instruct the manufacturer, in writing, that the
                            designer is of the opinion that it is not
                            necessary to revise the information originally
                            supplied to the manufacturer to ensure
                            compliance with this Part.
                       Note
                       Act compliance—section 27 (see regulation 1.1.7).
            3.5.10 Records and information
                   (1) If the design of plant is required to be registered
                       under Part 6.2 (Registration), the designer of that
                       plant must make a record that contains—
                        (a) a record of the method used to determine the
                            risk controls for the plant and the risk
                            controls that result from that determination;
                            and
                        (b) a copy of the information provided to a
                            manufacturer under section 27(1)(c) of the
                            Act in relation to that plant; and
                        (c) a copy of the information provided to a
                            manufacturer under regulation 3.5.8 in
                            relation to that plant; and
                        (d) if applicable, a copy of the information
                            provided to a manufacturer under
                            regulation 3.5.9 in relation to that plant.
                       Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
                       Note
                       Regulation 3.5.47 provides for the requirement to be
                       registered.




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       (2) A designer of plant must ensure that the record
           made under subregulation (1) is retained in a
           suitable state for inspection by the Authority for a
           period of 10 years after the date of registration of
           the design of the plant under Part 6.2
           (Registration).
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
           Note
           If a person who designs plant is the person who registers the
           plant design under Part 6.2 (Registration), that person must
           also obtain a design verification statement in accordance
           with regulation 6.2.3.
3.5.11 Record of standards or engineering principles used
       (1) A designer of plant must record any published
           technical standard, including any part of a
           published technical standard, that was used to
           design the plant.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
       (2) If a designer of plant does not use published
           technical standards to design the plant, the
           designer must record any engineering principles
           used to design the plant.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
       (3) A designer of plant must ensure that the records
           made under subregulations (1) and (2) are retained
           in a suitable state for inspection by—
             (a) the Authority; or




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                         (b) the person who verified the design of that
                             plant under regulation 6.2.3—
                        for a period of 10 years after the date on which the
                        design or information about the design is made
                        available to a manufacturer under regulation 3.5.8
                        or 3.5.9.
                        Penalty: 60 penalty units for a natural person;
                                     300 penalty units for a body corporate.

                  Division 3—Duties of manufacturers of plant

            3.5.12 Control of risk
                    (1) A manufacturer of plant must—
                         (a) ensure that the plant is manufactured and
                             inspected having regard to the information
                             provided to the manufacturer by the designer
                             of the plant under section 27(1)(c) of the Act
                             and Division 2; and
                         (b) if the information provided to the
                             manufacturer by the designer of the plant
                             under section 27(1)(c) of the Act and
                             Division 2 requires the plant to be tested,
                             ensure that the plant is tested in accordance
                             with that information; and
                         (c) ensure that if, during the manufacturing
                             process, any hazard is identified in the
                             design of the plant for which the designer
                             has not provided a risk control—
                               (i) that hazard is not incorporated into the
                                   manufacture of the plant; and
                               (ii) the designer of the plant is advised in
                                    writing of the hazard as soon as is
                                    reasonably possible; and




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                  (iii) reasonable steps are taken to consult
                        with the designer of the plant regarding
                        the alteration of the design to rectify the
                        hazard; and
            (d) if it is not possible to advise the designer of
                the hazard in accordance with paragraph
                (c)(ii), ensure that—
                   (i) the risk is eliminated, so far as is
                       reasonably practicable; or
                  (ii) if it is not reasonably practicable to
                       eliminate the risk, the risk is reduced so
                       far as is reasonably practicable.
           Note
           Act compliance—section 29 (see regulation 1.1.7).
       (2) A manufacturer to whom subregulation (1)(c)
           applies must not manufacture the plant until—
            (a) the designer gives the manufacturer the
                revised information or written instruction
                under regulation 3.5.9; or
            (b) the manufacturer eliminates or reduces the
                risk in accordance with subregulation (1)(d).
           Note
           Act compliance—section 29 (see regulation 1.1.7).
       (3) If the designer instructs a manufacturer of plant in
           accordance with regulation 3.5.9(b), the
           manufacturer may proceed in accordance with the
           designer's original information.
3.5.13 Information must be obtained and provided
           A manufacturer of plant must—
            (a) take all reasonable steps to obtain the
                information required to be provided to the
                manufacturer by the designer of the plant
                under section 27(1)(c) of the Act and
                regulation 3.5.8; and


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                        (b) ensure that a person to whom the
                            manufacturer supplies the plant is provided
                            with the information provided to the
                            manufacturer by the designer under sections
                            27(1)(c)(i) and 27(1)(c)(iii) of the Act and
                            regulation 3.5.8 when the plant is supplied
                            by the manufacturer; and
                        (c) if the manufacturer acts in accordance with
                            regulation 3.5.12(1)(c), ensure that a person
                            to whom the manufacturer supplies the plant
                            is provided with the information, applicable
                            to the plant, that is required to be provided
                            by the designer under sections 27(1)(c)(i)
                            and 27(1)(c)(iii) of the Act and
                            regulation 3.5.9.
                       Note
                       Act compliance—section 29 (see regulation 1.1.7).
            3.5.14 Records and information
                   (1) A manufacturer of plant must keep—
                        (a) a record of any published technical standard,
                            including any part of a published technical
                            standard, used to manufacture the plant; and
                        (b) any information provided to the
                            manufacturer by a designer under this Part or
                            the Act in respect of the plant.
                       Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
                   (2) A manufacturer of plant must ensure that the
                       records and information referred to in
                       subregulation (1) are retained in a suitable state
                       for inspection by the Authority for a period of
                       10 years after the date of manufacture of the plant.
                       Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.



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         Division 4—Duties of suppliers of plant

                  Subdivision 1—General

3.5.15 Application of Subdivision
           This Subdivision does not apply to a person who
           sells plant as an agent of a supplier.
           Note
           In this Subdivision a supplier includes an importing
           supplier.
3.5.16 General duties
       (1) A supplier of plant must ensure that the hazard
           identification and control of risk measures set out
           in Divisions 2 and 3 have been carried out in
           relation to the design and manufacture of the plant
           before the plant is supplied.
           Note
           Act compliance—section 30 (see regulation 1.1.7).
       (2) This regulation does not apply to a requirement
           that may be placed on a supplier in relation to the
           fitting of roll-over protection on a tractor that
           conveys its power to the ground directly by
           wheels.
3.5.17 Information to be obtained and provided
       (1) A supplier of plant must—
             (a) in the case of new plant—
                   (i) take all reasonable steps to obtain the
                       information required to be provided to
                       the supplier by a manufacturer under
                       sections 29(1)(c)(i) and 29(1)(c)(iii) of
                       the Act and regulation 3.5.13; and
                   (ii) ensure that the person to whom the
                        plant is supplied is provided with
                        information provided to the supplier



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                           under sections 29(1)(c)(i) and
                           29(1)(c)(iii) of the Act and
                           regulation 3.5.13 when the plant is
                           supplied; and
                 (b) in the case of used plant, ensure that the
                     person to whom the plant is supplied is
                     provided, at the time the plant is supplied,
                     with—
                       (i) any information referred to in
                           paragraph (a) that is in the possession
                           of the supplier relating to safe use of
                           the plant; and
                       (ii) any record kept by the previous owner
                            of the plant required under this Part that
                            is in the possession of the supplier.
               Note
               Act compliance—section 30 (see regulation 1.1.7).
            (2) If—
                 (a) in the case of new plant, a supplier of plant is
                     unable to obtain the information required
                     under subregulation (1)(a) to be provided to
                     the person to whom plant is supplied; or
                 (b) in the case of used plant, a supplier of plant
                     is not in possession of any information
                     required under subregulation (1)(b) to be
                     provided to the person to whom plant is
                     supplied—
               the supplier must advise the person to whom the
               plant is supplied, in writing, that the plant is being
               supplied without the information required by
               those provisions and that the plant should not be
               used as plant without that information.
               Note
               Act compliance—section 30 (see regulation 1.1.7).




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        (3) Subregulations (1) and (2) do not apply to a
            supplier of plant who supplies plant under a hire
            purchase agreement or hire purchase contract.
        (4) A supplier of plant that is to be used as scrap
            material must, when supplying that plant to a
            person, advise the person in writing that the plant
            is intended for use as scrap material.
            Note
            Act compliance—section 30 (see regulation 1.1.7).
3.5.18 Roll-over protection on tractors
        (1) A supplier of plant must not supply a tractor
            manufactured in, or imported into, Victoria on or
            after 1 July 1981 unless it is fitted with roll-over
            protection.
            Note
            Act compliance—section 30 (see regulation 1.1.7).
        (2) This regulation applies only to a tractor that
            conveys its power directly to the ground by
            wheels.
        (3) This regulation does not apply to—
             (a) a tractor supplied for use at a workplace in
                 circumstances in which there is no likelihood
                 of the tractor overturning; or
             (b) a tractor weighing less than 560 kilograms,
                 the weight being taken in the lightest form in
                 which the tractor is normally available for
                 retail sale when new and without water, fuel
                 or lubricating oil; or
             (c) a tractor that the supplier intends to be used
                 for parts or scrap material.




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                Subdivision 2—Supplier who hires or leases plant

            3.5.19 Inspection and maintenance
                       A supplier of plant who hires or leases plant must
                       ensure that, between any hiring or leasing of the
                       plant, the plant is inspected and maintained to
                       ensure that the risk arising from the use of the
                       plant is eliminated so far as is reasonably
                       practicable or, if it is not reasonably practicable to
                       eliminate the risk, reduced so far as is reasonably
                       practicable.
                       Note
                       Act compliance—section 30 (see regulation 1.1.7).
            3.5.20 Records
                   (1) A supplier of plant who hires or leases plant must
                       ensure that a record detailing any inspection or
                       maintenance carried out on the plant under
                       regulation 3.5.19 is made.
                       Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
                   (2) A supplier of plant who hires or leases plant must
                       ensure that the record made under subregulation
                       (1) is retained while the supplier has management
                       or control of the plant.
                       Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.




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          Subdivision 3—Agents who sell plant

3.5.21 Information must be obtained and provided
            A person who sells plant as an agent of a supplier
            must—
             (a) before conducting the sale, obtain the
                 information, records or written advice (as the
                 case may be) required under
                 regulation 3.5.17 to be provided by a
                 supplier to the person to whom the plant is
                 supplied; and
             (b) ensure that the information, records or
                 written advice (as the case may be)
                 provided by the supplier to the agent under
                 paragraph (a), are provided to the purchaser
                 of the plant on completion of the sale.
            Note
            Act compliance—section 30 (see regulation 1.1.7).

     Division 5—Duties of employers who use plant

         Subdivision 1—Application of Division

3.5.22 Application of Division
            In this Division a reference to plant or any class of
            plant in relation to an employer, means plant or a
            class of plant that is under the management or
            control of the employer.

       Subdivision 2—Control of risk—generally

3.5.23 Hazard identification
        (1) Subject to subregulation (2), an employer must, so
            far as is reasonably practicable, identify all
            hazards to health and safety associated with the
            installation, commissioning, decommissioning,



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                        dismantling, erection and use of plant and the
                        systems of work associated with that plant.
                        Note
                        Act compliance—sections 21 and 23 (see regulation 1.1.7).
                    (2) The employer's responsibilities under
                        subregulation (1) only relate to the hazards
                        associated with plant specifically applicable to the
                        workplace where the plant is used or located.
            3.5.24 Control of risk
                    (1) An employer must ensure that any risk associated
                        with plant is eliminated so far as is reasonably
                        practicable.
                        Note
                        Act compliance—sections 21 and 23 (see regulation 1.1.7).
                    (2) If it is not reasonably practicable to eliminate a
                        risk associated with plant, an employer must
                        reduce that risk so far as is reasonably practicable,
                        by—
                         (a) substituting the plant with plant that has a
                             lower level of risk; or
                         (b) using engineering controls; or
                         (c) isolating the plant from people.
                        Note
                        Act compliance—sections 21 and 23 (see regulation 1.1.7).
                    (3) If it is not reasonably practicable for an employer
                        to reduce a risk associated with plant in
                        accordance with subregulation (2), the employer
                        may control that risk by the use of administrative
                        controls or personal protective equipment.
                        Note
                        Act compliance—sections 21 and 23 (see regulation 1.1.7).




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       (4) Nothing in this Division, except regulation 3.5.22,
           limits the operation of this regulation.
3.5.25 Guarding
       (1) If an employer uses guarding as a measure to
           control risk in relation to plant, the employer
           must, so far as is reasonably practicable, ensure
           that guarding designed for that purpose will
           prevent access to the danger point or area of the
           plant.
           Note
           Act compliance—sections 21 and 23 (see regulation 1.1.7).
       (2) If an employer uses guarding as a measure to
           control risk in relation to plant, the employer must
           ensure that—
            (a) if access to the area of the plant requiring
                guarding is not necessary during operation,
                maintenance or cleaning of the plant, the
                guarding is a permanently fixed physical
                barrier; or
            (b) if access to the area of the plant requiring
                guarding is necessary during operation,
                maintenance or cleaning of the plant, the
                guarding is an interlocked physical barrier
                that allows access to the area being guarded
                at times when that area does not present a
                risk and prevents access to that area at any
                other time; or
            (c) if it is not reasonably practicable to use
                guarding referred to in paragraph (a) or (b),
                the guarding used is a physical barrier that
                can only be altered or removed by the use of
                tools; or




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                 (d) if it is not reasonably practicable to use
                     guarding referred to in paragraph (a), (b)
                     or (c), a presence-sensing safeguarding
                     system is used that eliminates any risk
                     arising from the area of the plant requiring
                     guarding while a person or any part of a
                     person is in the area being guarded.
                Note
                Act compliance—sections 21 and 23 (see regulation 1.1.7).
            (3) An employer must ensure, so far as is reasonably
                practicable, that any pipe or other part of the plant
                associated with heat or cold, is adequately
                insulated or guarded in a manner that ensures that
                any risk to health or safety—
                 (a) is eliminated, so far as is reasonably
                     practicable; or
                 (b) if it is not reasonably practicable to eliminate
                     the risk, is reduced so far as is reasonably
                     practicable.
                Note
                Act compliance—sections 21 and 23 (see regulation 1.1.7).
            (4) If an employer uses guarding as a measure to
                control risk in relation to plant the employer must
                ensure that the guarding—
                 (a) makes by-passing or disabling of the
                     guarding, whether deliberately or by
                     accident, as difficult as is reasonably
                     possible; and
                 (b) does not cause a risk in itself.
                Note
                Act compliance—sections 21 and 23 (see regulation 1.1.7).
            (5) If an employer—
                 (a) uses guarding as a measure to control risk;
                     and


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             (b) the plant to be guarded contains moving
                 parts and those parts may break or cause
                 workpieces to be ejected from the plant—
           the employer must ensure, so far as is reasonably
           practicable, that the guarding will control any risk
           from those broken or ejected parts and
           workpieces.
           Note
           Act compliance—sections 21 and 23 (see regulation 1.1.7).
       (6) Despite anything to the contrary in this regulation,
           any guarding an employer uses as a measure to
           control risk in relation to plant may be of a kind
           that is able to be removed to allow convenient
           repair, servicing and maintenance of plant at any
           time that the plant is not in normal operation.
3.5.26 Operator's controls
       (1) An employer must ensure that any operator's
           controls for plant are—
             (a) suitably identified on the plant so as to
                 indicate their nature and function; and
             (b) located so as to be readily and conveniently
                 operated by each person using the plant; and
             (c) located or guarded to prevent unintentional
                 activation; and
             (d) able to be locked into the "off" position to
                 enable the disconnection of all motive
                 power.
           Note
           Act compliance—sections 21 and 23 (see regulation 1.1.7).
       (2) If the need for plant to be operated during
           maintenance or cleaning of the plant cannot be
           eliminated, the employer must ensure that the
           plant is provided with controls that—




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                         (a) permit operation of the plant while a person
                             is undertaking the maintenance or cleaning
                             of the plant; and
                         (b) cannot be operated by any person other than
                             the person who is carrying out the
                             maintenance or cleaning of the plant; and
                         (c) will allow operation of the plant in such a
                             way that any risk associated with the
                             activities in relation to any person carrying
                             out the maintenance or cleaning—
                               (i) is eliminated so far as is reasonably
                                   practicable; or
                               (ii) if it is not reasonably practicable to
                                    eliminate the risk, is reduced so far as is
                                    reasonably practicable.
                       Note
                       Act compliance—sections 21 and 23 (see regulation 1.1.7).
            3.5.27 Operational stop controls and emergency stop
                   devices
                   (1) If plant is designed to be operated or attended by
                       more than one person and more than one stop
                       control is fitted, the employer must ensure that the
                       multiple stop controls are of the "stop and lock-
                       off" type so that the plant cannot be restarted after
                       a stop control has been used unless each stop
                       control is reset.
                       Penalty: 100 penalty units for a natural person;
                                   500 penalty units for a body corporate.
                   (2) If the design of plant includes an emergency stop
                       device for the plant, the employer must ensure
                       that—
                         (a) the device is prominent, clearly and durably
                             marked and immediately accessible to each
                             operator of the plant; and



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              (b) any handle, bar or push button associated
                  with the device is coloured red; and
              (c) the device cannot be adversely affected by
                  electrical or electronic circuit malfunction.
            Penalty: 100 penalty units for a natural person;
                        500 penalty units for a body corporate.
3.5.28 Warning devices
            If the design of plant includes an emergency
            warning device for the plant, the employer must
            ensure that the device is positioned on the plant to
            ensure the device will work to best effect.
            Penalty: 100 penalty units for a natural person;
                        500 penalty units for a body corporate.
3.5.29 Installation, etc. of plant
            An employer must ensure that—
              (a) plant is installed or erected to provide
                  sufficient clear working area around the
                  plant to allow the plant to be used in a
                  manner that—
                    (i) eliminates the risk associated with the
                        activity, so far as is reasonably
                        practicable; or
                    (ii) if it is not reasonably practicable to
                         eliminate the risk, reduces the risk so
                         far as is reasonably practicable; and
              (b) so far as is reasonably practicable, the layout
                  of plant in the workplace does not affect
                  access and egress to and from the workplace
                  to the extent that it presents a risk; and
              (c) the plant is not commissioned unless the
                  employer has established, so far as is
                  reasonably practicable, that it is safe to
                  commission the plant; and


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                         (d) the plant is not decommissioned unless the
                             employer has established, so far as is
                             reasonably practicable, that it is safe to
                             decommission the plant; and
                         (e) the installation, erection, commissioning and
                             decommissioning and dismantling processes
                             include inspections that will ensure that the
                             risk associated with these activities is
                             monitored.
                       Note
                       Act compliance—sections 21 and 23 (see regulation 1.1.7).
            3.5.30 Use of plant
                       An employer must ensure that—
                         (a) plant is inspected to the extent necessary to
                             ensure that the risk associated with the use of
                             the plant is monitored; and
                         (b) measures are provided to prevent—
                               (i) alterations to the plant that have not
                                   been permitted by the employer; or
                               (ii) interference with the plant.
                       Note
                       Act compliance—sections 21 and 23 (see regulation 1.1.7).
            3.5.31 Record of inspections and maintenance
                       If plant is required to be registered under Part 6.2
                       (Registration), an employer must ensure that any
                       record of inspections and maintenance carried out
                       on the plant is retained for the period that the
                       employer has management or control of the plant.
                       Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
                       Note
                       See regulation 3.5.50.




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3.5.32 Plant not in use
            An employer must ensure that when plant is not in
            use it is left in a state that does not create a risk, so
            far as is reasonably practicable, for any person.
            Note
            Act compliance—sections 21 and 23 (see regulation 1.1.7).

Subdivision 3—Control of risk in relation to specific plant

3.5.33 Subdivision not to limit regulations 3.5.24 to 3.5.32
            Nothing in this Subdivision limits the duties,
            requirements, obligations or liability of an
            employer under regulations 3.5.24 to 3.5.32.
3.5.34 Powered mobile plant
        (1) An employer must ensure that the risk of—
             (a) powered mobile plant overturning; or
             (b) objects falling on the operator of the plant; or
             (c) the operator being ejected from the plant—
            is eliminated so far as is reasonably practicable or,
            if it is not reasonably practicable to eliminate the
            risk, reduced so far as is reasonably practicable.
            Note
            Act compliance—sections 21 and 23 (see regulation 1.1.7).
        (2) The employer must ensure that, so far as is
            reasonably practicable, an appropriate
            combination of operator protective devices is
            provided, maintained and used to reduce, so far as
            is reasonably practicable, the risks to the operator
            set out in subregulation (1).
            Note
            Act compliance—sections 21 and 23 (see regulation 1.1.7).




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                   (3) Subregulation (2) does not apply in relation to the
                       fitting of roll-over protection on a tractor that
                       conveys its power to the ground directly by
                       wheels.
                       Note
                       See regulation 3.5.36.
                   (4) An employer must ensure that the risk of powered
                       mobile plant colliding with pedestrians or other
                       powered mobile plant is—
                        (a) eliminated so far as is reasonably
                            practicable; or
                        (b) if it is not reasonably practicable to eliminate
                            the risk, reduced so far as is reasonably
                            practicable.
                       Note
                       Act compliance—sections 21 and 23 (see regulation 1.1.7).
                   (5) An employer must ensure, so far as is reasonably
                       practicable, that no person, other than the
                       operator, rides on powered mobile plant unless the
                       person is afforded a level of protection from
                       exposure to a risk that is equivalent to that
                       provided to the operator.
                       Note
                       Act compliance—sections 21 and 23 (see regulation 1.1.7).
            3.5.35 Warning devices on powered mobile plant
                       If there is a likelihood of powered mobile plant
                       colliding with pedestrians or other powered
                       mobile plant, an employer must ensure that the
                       plant has a warning device that will warn people
                       who may be at risk from the movement of the
                       plant.
                       Penalty: 100 penalty units for a natural person;
                                   500 penalty units for a body corporate.




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3.5.36 Roll-over protection on tractors
        (1) An employer must ensure that a tractor is not used
            at the employer's workplace unless it is fitted with
            roll-over protection.
            Note
            Act compliance—sections 21 and 23 (see regulation 1.1.7).
        (2) This regulation only applies to a tractor that
            conveys its power directly to the ground by
            wheels.
        (3) This regulation does not apply to—
             (a) a tractor manufactured in, or imported into,
                 Victoria before 1 July 1981 if it is not
                 reasonably practicable to fit roll-over
                 protection to the tractor; or
             (b) a tractor used at a workplace in
                 circumstances in which there is no likelihood
                 of the tractor overturning; or
             (c) a tractor that is fitted with roll-over
                 protection that has been temporarily removed
                 or lowered for the period during which it is
                 being used under a tree or other vegetation or
                 in another place where there is insufficient
                 space for the tractor to operate effectively
                 while the roll-over protection is fitted; or
             (d) a tractor weighing less than 560 kilograms,
                 the weight being taken in the lightest form in
                 which the tractor is normally available for
                 retail sale when new and without water, fuel
                 or lubricating oil.




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            3.5.37 Industrial lift trucks
                    (1) An employer must ensure that an industrial lift
                        truck is—
                          (a) equipped with lifting attachments that are
                              appropriate to the load to be lifted or moved;
                              and
                          (b) used in a manner that ensures that the risk to
                              the operator of the truck that arises from
                              systems of work and the environment in
                              which the truck is used is eliminated so far as
                              is reasonably practicable or, if it is not
                              reasonably practicable to eliminate the risk,
                              reduced so far as is reasonably practicable.
                        Note
                        Act compliance—sections 21 and 23 (see regulation 1.1.7).
                    (2) An employer must ensure that any person, other
                        than the operator, who rides on an industrial lift
                        truck, is seated in a seat that is—
                          (a) specifically designed for carrying a
                              passenger; and
                          (b) fitted with appropriate seat restraints; and
                          (c) located within the zone of protection that is
                              provided by the operator protective device
                              required to be fitted to the industrial lift
                              truck.
                        Note
                        Act compliance—sections 21 and 23 (see regulation 1.1.7).




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3.5.38 Warning devices on industrial lift trucks
            An employer must ensure that an industrial lift
            truck is fitted with warning devices that are
            appropriate to effectively warn people who may
            be at risk from the movement of the industrial lift
            truck.
            Penalty: 100 penalty units for a natural person;
                        500 penalty units for a body corporate.
3.5.39 Electrical plant and electrical hazards
            An employer must, in respect of electrical plant
            and plant exposed to an electrical hazard, ensure
            that—
             (a) if damage to plant presents an electrical
                 hazard, the plant is disconnected from the
                 power supply and is not used until the
                 damaged part is repaired or replaced; and
             (b) electrical plant or plant that is exposed to an
                 electrical hazard is not used under conditions
                 that are likely to give rise to electrical
                 hazards; and
             (c) appropriate permit to work systems are
                 provided to avoid inadvertent energising of
                 plant that has been isolated but not
                 physically disconnected from the electrical
                 supply.
            Note
            Act compliance—sections 21 and 23 (see regulation 1.1.7).
3.5.40 Plant used to lift or suspend loads
        (1) This regulation does not apply to plant used in
            connection with—
             (a) the performance of stunt work; or
             (b) the performance of acrobatics; or
             (c) a theatrical performance.


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            (2) In respect of plant that is used to lift or suspend
                people, equipment or materials, an employer must
                ensure that—
                 (a) so far as is reasonably practicable, the plant
                     is specifically designed to lift or suspend
                     those loads; and
                 (b) all lifting or suspending is carried out—
                        (i) with lifting attachments that are
                            appropriate to the load to be lifted or
                            suspended; and
                       (ii) within the safe working limits of the
                            plant; and
                 (c) subject to subregulation (4), so far as is
                     reasonably practicable, no loads are
                     suspended over, or travel over, a person; and
                 (d) loads are lifted or suspended in a way that
                     ensures that the load remains under control
                     during the activity; and
                 (e) so far as is reasonably practicable, no load is
                     lifted simultaneously by more than one piece
                     of plant.
                Note
                Act compliance—sections 21 and 23 (see regulation 1.1.7).
            (3) If it is not reasonably practicable to use plant to
                lift or suspend loads that is specifically designed
                for the purpose, the employer must ensure that—
                 (a) the plant used to lift or suspend the load does
                     not cause a greater risk than if specifically
                     designed plant were to be used; and
                 (b) if the plant is lifting or suspending people—
                        (i) the people are lifted or suspended in a
                            work box that is securely attached to
                            the plant; and



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                      (ii) the people in the work box substantially
                           remain within the confines of the work
                           box while they are being lifted or
                           suspended; and
                      (iii) if there is a risk of a person falling from
                            a height, a safety harness is provided
                            and worn by the person in order to
                            prevent, so far as is reasonably
                            practicable, injury to the person as a
                            result of the fall; and
                      (iv) means are provided by which the
                           people being lifted or suspended can
                           have safe egress from the plant in the
                           event of a failure in the normal
                           operation of the plant.
               Note
               Act compliance—sections 21 and 23 (see regulation 1.1.7).
        (4) Subregulation (2)(c) does not apply to plant that is
            an amusement structure.
3.5.41 Lifts
        (1) This regulation applies to a lift over which an
            employer has management or control, including a
            lift over which the employer has management or
            control of its maintenance.
        (2) An employer must ensure that—
                (a) if there is a risk of a person falling down a
                    lift well—
                       (i) secure barriers are provided to preclude
                           access to openings into the lift well by
                           someone other than a person who is
                           performing work in the lift well; and




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                         (ii) secure working platforms or equivalent
                              arrangements are provided for a person
                              who is working in the lift well to
                              prevent a fall from height; and
                    (b) if there is a risk to a person working in a lift
                        well as a result of objects falling on to that
                        person, a secure barrier is provided to
                        prevent, so far as is reasonably practicable,
                        falling objects from striking the person or
                        otherwise causing a risk; and
                    (c) if there is a risk to a person working in a lift
                        well as a result of movement of a lift car,
                        measures are taken to ensure the risk is
                        eliminated or, if it is not reasonably
                        practicable to eliminate the risk, reduced so
                        far as is reasonably practicable.
                Note
                Act compliance—sections 21 and 23 (see regulation 1.1.7).
            (3) If a lift is required to be registered under Part 6.2
                (Registration), an employer must ensure that any
                risk to people travelling in the lift, associated with
                the use of a lift, is—
                    (a) eliminated so far as is reasonably
                        practicable; or
                    (b) if it is not reasonably practicable to eliminate
                        the risk, reduced so far as is reasonably
                        practicable.
                Notes
                1      Act compliance—sections 21 and 23 (see
                       regulation 1.1.7).
                2      Regulation 3.5.50 for the requirement to be registered.




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3.5.42 Notice of safe working load of lift
            If regulation 3.5.41(3) applies to an employer in
            respect of a lift, the employer must ensure that
            there is fixed, in a conspicuous place in the lift, a
            legible notice that states the safe working load
            specified in the design of the lift.
            Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.
3.5.43 Scaffolds
            An employer must ensure, in relation to scaffolds,
            that—
             (a) no work, other than the work of erecting or
                 dismantling the scaffold, is performed from a
                 scaffold unless the scaffold, or the relevant
                 part of the scaffold, is complete; and
             (b) the scaffold is secure and capable of
                 supporting the work to be performed on the
                 scaffold; and
             (c) on becoming aware that the scaffold or its
                 supporting structure is in an unsafe
                 condition, appropriate repairs, alterations or
                 additions are carried out before the relevant
                 part of the scaffold is used; and
             (d) if a scaffold is left unattended, people who
                 would not ordinarily be using the scaffold
                 are prevented, so far as is reasonably
                 practicable, from gaining access to the
                 scaffold.
            Note
            Act compliance—sections 21 and 23 (see regulation 1.1.7).




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                           Subdivision 4—Other duties

            3.5.44 Review of risk control measures
                   (1) An employer must ensure that any measures
                       implemented to control risks in relation to plant or
                       its associated systems of work are reviewed and, if
                       necessary, revised—
                         (a) before the plant is used for the first time in a
                             workplace; or
                         (b) before any alteration is made to the plant or
                             any change is made in the way the plant is
                             used or in its associated systems of work,
                             including a change in the location of the
                             plant; or
                         (c) if new or additional information about
                             hazards or risks relating to the plant or its
                             associated systems of work becomes
                             available to the employer; or
                         (d) after any incident occurs to which Part 5 of
                             the Act applies that involves the plant or its
                             associated systems of work; or
                         (e) if, for any other reason, the risk control
                             measures do not adequately control the risks;
                             or
                         (f) after receiving a request from a health and
                             safety representative.
                       Note
                       Act compliance—sections 21 and 23 (see regulation 1.1.7).
                   (2) A health and safety representative may make a
                       request under subregulation (1)(f) if the health and
                       safety representative believes on reasonable
                       grounds that—




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             (a) any of the circumstances referred to in
                 subregulations (1)(a) to (1)(e) exists; or
             (b) the employer has failed—
                    (i) to properly review the risk control
                        measures; or
                   (ii) to take account of any of the
                        circumstances referred to in
                        subregulations (1)(a) to (1)(e) in
                        conducting a review of, or revising, the
                        risk control measures.
3.5.45 Information, instruction and training
        (1) This regulation applies in addition to the
            requirements of regulation 2.1.2.
        (2) This regulation applies if a hazard related to plant
            and its associated systems of work is identified
            under regulation 3.5.23.
        (3) The employer must ensure that employees likely
            to be exposed to the risk, and any person
            supervising the employees, are trained and
            provided with information and instruction in—
             (a) the processes used for hazard identification
                 and control of risk; and
             (b) the safety procedures associated with the use
                 of the plant at the workplace; and
             (c) the use, fit, testing and storage of personal
                 protective equipment, if personal protective
                 equipment forms part of the risk control
                 measures.
            Note
            Act compliance—sections 21 and 23 (see regulation 1.1.7).




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                   (4) The employer must ensure that any person
                       involved in a plant activity is provided with
                       information, which is available to the employer,
                       on how the activity can be carried out so as to
                       ensure the risk to the person while carrying out the
                       activity is—
                         (a) eliminated so far as is reasonably
                             practicable; or
                         (b) if it is not reasonably practicable to eliminate
                             the risk, reduced so far as is reasonably
                             practicable.
                       Note
                       Act compliance—sections 21 and 23 (see regulation 1.1.7).
                   (5) The duties of an employer under subregulation (3)
                       in respect of lifts do not apply to employees who
                       travel in a lift, other than employees who perform
                       work on the lift.
                   (6) In this regulation plant activity means—
                         (a) commissioning or installing plant; or
                         (b) testing of plant; or
                         (c) decommissioning, dismantling or disposal of
                             plant; or
                         (d) inspection or maintenance of plant.

                   Division 6—Duties of self-employed persons

            3.5.46 Self-employed person to have the same duties as
                   employer
                   (1) A self-employed person must comply with the
                       requirements of Division 5 (except
                       regulation 3.5.45) as if that person were an
                       employer.




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         (2) If a provision of Division 5 is an Act compliance
             provision, compliance by a self-employed person
             with that provision in respect of a matter is the
             way that the self-employed person complies with
             the self-employed person's duty under section 24
             of the Act in respect of that matter.
         (3) A self-employed person's duties under this
             regulation apply only so far as to ensure, so far as
             is reasonably practicable, that persons are not
             exposed to risks to their health and safety arising
             from the conduct of the undertaking of the self-
             employed person.

Division 7—Plant designs and items of plant to be registered

        Subdivision 1—Registration of plant designs

 3.5.47 Plant designs to be registered
         (1) The design of an item of plant specified in Part 1
             of Schedule 2, must be registered in accordance
             with Part 6.2 (Registration).
             Notes
             1   See section 40(2) of the Act.
             2   Part 6.2 (Registration) sets out the process for
                 obtaining registration.
             3   See regulation 8.1.3 for the saving of existing
                 registrations.
         (2) Subregulation (1) does not apply to a design that
             was started before 1 July 1995.




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            3.5.48 Altered plant designs to be registered
                    (1) If the design of an item of plant specified in Part 1
                        of Schedule 2 that is registered under Part 6.2
                        (Registration) is altered to an extent that the plant
                        is subject to new measures to control risk, the
                        altered design must be registered in accordance
                        with Part 6.2 (Registration).
                        Note
                        See section 40(2) of the Act.
                    (2) An altered design of an item of plant must also be
                        registered in accordance with Part 6.2
                        (Registration) if—
                         (a) the design of the plant before it was altered
                             was not required to be registered under
                             Part 6.2 because of regulation 3.5.47(2) or
                             3.5.49; and
                         (b) the design is altered to an extent that the
                             plant is subject to new measures to control
                             risk; and
                         (c) in the case of an alteration to a design
                             referred to in regulation 3.5.49, the altered
                             design has not been registered by the
                             corresponding Authority that registered the
                             original plant design.
                        Note
                        See section 40(2) of the Act.
            3.5.49 Recognition of interstate designs
                    (1) A design of an item of plant is not required to be
                        registered under Part 6.2 (Registration) if the
                        design has been registered by a corresponding
                        Authority under statutory requirements that are
                        substantially equivalent to that Part.




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        (2) A design referred to in subregulation (1) that is
            altered is not required to be registered under
            Part 6.2 (Registration) if the altered design has
            been registered by the corresponding Authority
            that registered the original plant design.
        (3) Subregulations (1) and (2) do not apply to a
            registration by a corresponding Authority if the
            Victorian WorkCover Authority determines that
            this regulation is not to apply to that class of
            registration.
            Note
            The Mutual Recognition (Victoria) Act 1998 may apply.
        (4) In this regulation registration by a corresponding
            Authority includes confirmation or approval by
            that corresponding Authority.

      Subdivision 2—Registration of items of plant

3.5.50 Items of plant to be registered
            An item of plant specified in Part 2 of Schedule 2
            must be registered in accordance with Part 6.2
            (Registration).
            Notes
            1      See section 40(2) of the Act.
            2      Part 6.2 (Registration) sets out the process for
                   obtaining registration.
            3      See regulation 8.1.3 for the saving of existing
                   registrations.
3.5.51 Recognition of interstate registration
        (1) An item of plant is not required to be registered
            under Part 6.2 (Registration) if the plant has been
            registered by a corresponding Authority under
            statutory requirements that are substantially
            equivalent to that Part.




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            (2) Subregulation (1) does not apply to a registration
                by a corresponding Authority if the Victorian
                WorkCover Authority determines that this
                regulation is not to apply to that class of
                registration.
                Note
                The Mutual Recognition (Victoria) Act 1998 may also
                apply.
            (3) In this regulation registration by a corresponding
                Authority includes confirmation or approval by
                that corresponding Authority.
                       __________________




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              PART 3.6—HIGH RISK WORK

        Division 1—Requirement to be licensed

3.6.1 Requirement to hold a licence
      (1) Subject to regulation 3.6.3, a person must not do
          any high risk work unless he or she holds an
          appropriate high risk work licence in relation to
          the work.
          Notes
          1     See section 40(4) of the Act.
          2     Part 6.1 (Licences) sets out the process for obtaining a
                high risk work licence.
          3     Regulation 8.2.3 provides for existing certificates of
                competency to continue to have effect as if they were
                licences for a specified period.
      (2) A person who holds a high risk work licence for
          rigging work is not required to also hold a high
          risk work licence for crane or hoist operation for
          the purpose of setting up or dismantling a crane or
          hoist if the operation of the crane or hoist is
          integral to the setting up or dismantling of the
          crane or hoist.
3.6.2 Employer must not use unlicensed employees to do
      high risk work
          An employer must not allow an employee to do
          any high risk work unless—
              (a) the employee holds an appropriate high risk
                  work licence in relation to that work; or




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                       (b) regulation 3.6.3(1)(a) or 3.6.3(1)(b) applies
                           to the employee.
                      Penalty: 100 penalty units for a natural person;
                                  500 penalty units for a body corporate.
                      Note
                      Regulation 7.2.2 enables an employer to seek an exemption
                      from this subregulation in relation to particular high risk
                      work.
           3.6.3 Exceptions
                  (1) Regulation 3.6.1(1) does not apply to a person—
                       (a) who is undertaking training for the purpose
                           of obtaining a high risk work licence; or
                       (b) who is a person who is authorised to work
                           under regulation 3.6.10; or
                       (c) who is performing work under the terms of
                           an exemption granted to the person's
                           employer under regulation 7.2.2.
                      Note
                      Regulation 7.2.2 enables an employer to seek an exemption
                      in relation to particular high risk work.
                  (2) Regulations 3.6.1 and 3.6.2 do not apply to
                      prevent a person from operating, or employing
                      another person to operate, any of the classes of
                      pressure equipment listed in Schedule 4 if the
                      conditions (if any) set out in Schedule 4 in relation
                      to that equipment have been, or are being (as the
                      case may be), complied with.
           3.6.4 Recognition of interstate licences
                  (1) In this Division, a reference to a high risk work
                      licence includes a reference to an equivalent
                      licence or certificate—
                       (a) that was issued by a corresponding
                           Authority; and



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            (b) that is being used in accordance with the
                terms and conditions under which it was
                granted.
       (2) Subregulation (1) does not apply to—
            (a) a licence or certificate that is presently
                suspended (either wholly or in relation to the
                work being performed) in Victoria or another
                Australian jurisdiction; or
            (b) a licence or certificate if the Authority has
                determined that this regulation is not to apply
                to that class of licence or certificate.
          Note
          The Mutual Recognition (Victoria) Act 1998 may also
          apply.

                  Division 2—Training

3.6.5 Person in training to be under direct supervision
       (1) An employer of a trainee performing high risk
           work at the workplace must ensure—
            (a) that the trainee receives the directions,
                demonstrations and monitoring appropriate
                to the tasks assigned to the trainee and the
                competence of the trainee so that the trainee
                can perform the work in a manner that is safe
                and without risks to health; and
            (b) that should an emergency involving the
                trainee arise, action to immediately rectify
                any dangerous situation can be taken; and
            (c) that the trainee is always under direct
                supervision unless the person who oversees
                the practical training of the trainee
                reasonably believes—




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                             (i) that the circumstances of a particular
                                 task make such direct supervision
                                 impracticable or unnecessary; and
                             (ii) that the level of competence of the
                                  trainee is such that direct supervision in
                                  relation to that task is unnecessary; and
                            (iii) that the lesser degree of supervision
                                  will not place the trainee or any other
                                  person at risk.
                     Note
                     Act compliance—section 21 (see regulation 1.1.7).
                 (2) The employer must ensure that the direct
                     supervisor of a trainee is authorised by the
                     employer to oversee the trainee, and is a person
                     who holds a relevant high risk work licence.
                     Note
                     Act compliance—sections 21 and 23 (see regulation 1.1.7).
           3.6.6 Person conducting training must ensure supervision
                     If a person who is undertaking a training course or
                     program carries out high risk work as part of the
                     course or program, the person or body conducting
                     the course or program must comply with all
                     obligations placed on an employer by
                     regulation 3.6.5 in respect of the person
                     undertaking the training.
                     Note
                     Act compliance—sections 23 and 24 (see regulation 1.1.7).

                  Division 3—Assessments of competency

           3.6.7 How to obtain an assessment of competency
                 (1) A person may apply to a licence assessor for an
                     assessment of the person's competency to safely
                     perform particular high risk work to the standard
                     set by the relevant competency standard.



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      (2) After carrying out the assessment of the
          applicant—
           (a) if the licence assessor is satisfied that the
               applicant can meet the performance criteria
               that apply to each element of competency in
               the relevant competency standard under
               workplace conditions, the licence assessor
               must give the applicant a written notice
               stating that the licence assessor is of that
               opinion; or
           (b) if the licence assessor is not so satisfied, the
               licence assessor must give the applicant a
               written notice stating that opinion and the
               reasons why the licence assessor is of that
               opinion.
      (3) An applicant is entitled to be heard by the licence
          assessor in relation to any action taken under
          subregulation (2)(b).
3.6.8 Method of assessment
      (1) A licence assessor must carry out any assessment
          made for the purposes of regulation 3.6.7 in
          accordance with the assessment instruments and
          procedures for conducting assessments that the
          Authority issues from time to time and makes
          available to the licence assessor.
          Penalty: 60 penalty units for a natural person;
                     300 penalty units for a body corporate.
      (2) The Authority may include in the assessment
          instruments—
           (a) techniques for directly observing the
               applicant's performance of the work or skill
               under workplace conditions;
           (b) simulated work-related tasks to be
               undertaken;



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                        (c) checklists to be completed by the applicant;
                        (d) projects or assignments to be completed by
                            the applicant;
                        (e) test questions;
                        (f) any other methods of assessment.
            3.6.9 Process for re-assessment
                       An applicant who receives a notice of
                       unsatisfactory assessment under
                       regulation 3.6.7(2)(b) may apply to a licence
                       assessor for a re-assessment.
           3.6.10 Person may work while application is being
                  processed
                   (1) This regulation applies to a person who has been
                       issued with—
                        (a) a statement of attainment; or
                        (b) a notice of a satisfactory assessment of
                            competency under regulation 3.6.7(2)(a).
                   (2) The person may perform any work to which the
                       statement or notice applies—
                        (a) for 60 days after the date of issue of the
                            statement or notice; and
                        (b) if the person applies for a licence within that
                            60 day period, until he or she is granted the
                            licence or until 14 days after he or she is
                            given written notice that the application has
                            been refused.
           3.6.11 Authorisation to carry out assessments of
                  competency
                   (1) The Authority may authorise a person to carry out
                       assessments of competency in relation to a class
                       or classes of high risk work for the purpose of
                       these Regulations, for a specified period of time.




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(2) The authorisation must be in writing and specify
    the class or classes of high risk work to which it
    applies.
           __________________




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           CHAPTER 4—HAZARDOUS SUBSTANCES AND
                       MATERIALS

                   PART 4.1—HAZARDOUS SUBSTANCES

                      Division 1—Introductory matters

           4.1.1 Application of Part
                 (1) This Part does not apply to the following classes
                     of substance if the use of the substance is not
                     related to a work activity—
                       (a) food within the meaning of the Food Act
                           1984; or
                       (b) therapeutic goods within the meaning of the
                           Therapeutic Goods (Victoria) Act 1994; or
                       (c) cosmetics; or
                       (d) tobacco or products made of tobacco; or
                       (e) toiletries and toilet products.
                 (2) This Part does not apply to—
                       (a) any culture or preparation of pathogenic
                           micro-organisms or other material capable of
                           causing disease in humans in respect of
                           which regulations may be made under
                           section 146(1)(n) of the Health Act 1958; or
                       (b) radioactive materials within the meaning of
                           the Radiation Act 2005; or
                       (c) asbestos.
                 (3) This Part applies to scheduled carcinogenic
                     substances.
                 (4) This Part does not apply to the transport of
                     hazardous substances.




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  Division 2—Duties of manufacturers and suppliers

         Subdivision 1—Introductory matters

4.1.2 Application of Division
      (1) This Division applies to the manufacture and
          supply of hazardous substances, including
          hazardous substances containing lead.
          Note
          Supply includes supply of hazardous substances by an
          importing supplier.
      (2) In this Division, the duties of a manufacturer only
          apply to the manufacture of a substance at a
          workplace for sale or exchange to another
          workplace.
      (3) In this Division, the duties of a manufacturer or a
          supplier do not apply in relation to a substance
          that is produced as a waste—
            (a) during the process of manufacturing a
                substance; or
            (b) when a substance is used at a workplace—
          unless the waste is produced for the purpose of
          sale or exchange to a workplace.
4.1.3 Certain regulations not to apply
          Subdivision 2, and regulations 4.1.5 and 4.1.9 do
          not apply to a substance supplied to a workplace
          for the purpose of determining whether the
          substance is a hazardous substance.




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                Subdivision 2—Determination of substances

           4.1.4 Determination of hazardous substances
                 (1) A manufacturer or an importing supplier of a
                     substance must determine whether a substance is a
                     hazardous substance before the substance is first
                     supplied to a workplace.
                     Notes
                     1      Act compliance—sections 29 and 30 (see
                            regulation 1.1.7).
                     2      A manufacturer or importing supplier must refer to the
                            HSIS or the Approved Criteria for Classifying
                            Hazardous Substances in making this determination:
                            see the definition of hazardous substance in
                            regulation 1.1.5.
                 (2) Subregulation (1) does not apply to a substance if
                     a determination in relation to that substance has
                     already been made under equivalent legislation.

                 Subdivision 3—Material Safety Data Sheet

           4.1.5 Preparation of an MSDS
                 (1) A manufacturer or an importing supplier of a
                     hazardous substance must ensure that a Material
                     Safety Data Sheet is prepared in accordance with
                     regulation 4.1.6 before the substance is first
                     supplied to a workplace.
                     Note
                     Act compliance—sections 29 and 30 (see regulation 1.1.7).
                 (2) Subregulation (1) does not apply to a
                     manufacturer or an importing supplier who has
                     already prepared a Material Safety Data Sheet for
                     the substance in accordance with equivalent
                     legislation.




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4.1.6 What must an MSDS contain?
      (1) The Material Safety Data Sheet for a hazardous
          substance must be in English and be legible and
          must contain—
           (a) the product name of the substance; and
           (b) the name, address and telephone number
               of—
                 (i) the manufacturer of the substance in
                     Australia; or
                 (ii) the importing supplier in Australia of
                      the substance; and
           (c) an Australian telephone number where
               information about the substance can be
               obtained in an emergency; and
           (d) the date of preparation or last review of the
               MSDS; and
           (e) a statement that the substance is a hazardous
               substance; and
           (f) the hazard classification of the substance
               determined in accordance with the HSIS or
               the Approved Criteria for Classifying
               Hazardous Substances; and
           (g) the risk phrase and safety phrase for the
               substance; and
           (h) the chemical name for each Type I
               ingredient; and
           (i) for each Type II ingredient—
                 (i) its chemical name; or
                 (ii) if the identity of the ingredient is
                      commercially confidential, its generic
                      name; and




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               (j) for each Type III ingredient which has a
                   known synergistic effect with another
                   ingredient that makes up the hazardous
                   substance—
                     (i) its chemical name; or
                     (ii) if the identity of the ingredient is
                          commercially confidential, its generic
                          name; and
               (k) the proportion or proportion ranges for each
                   ingredient identified in paragraphs (h), (i)
                   and (j); and
               (l) first aid measures to be taken in the event of
                   an incident or exposure involving the
                   substance; and
              (m) emergency procedures to apply in the event
                  of an incident or exposure involving the
                  substance; and
               (n) precautions for the safe use of the substance
                   including engineering controls and personal
                   protective equipment; and
               (o) precautions for the safe storage and disposal
                   of the substance; and
               (p) the exposure standard (if any) for the
                   substance or its ingredients; and
               (q) the physical and chemical properties of the
                   substance or its ingredients including any
                   hazardous decomposition products likely to
                   be generated during normal use; and
               (r) information on the health effects of the
                   substance or its ingredients.




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      (2) Nothing in subregulation (1) prevents a
          manufacturer or importing supplier from
          preparing an MSDS with the information required
          by that subregulation in appropriate languages in
          addition to English.
4.1.7 Review and revision of MSDS
          A manufacturer or an importing supplier of a
          hazardous substance must ensure that the MSDS
          for a substance is reviewed—
              (a) as often as is necessary to ensure that the
                  MSDS contains current and accurate
                  information; and
              (b) at least every 5 years.
          Note
          Act compliance—sections 29 and 30 (see regulation 1.1.7).
4.1.8 Duty to provide current MSDS
      (1) A manufacturer or supplier of a hazardous
          substance must ensure that a copy of the current
          MSDS for the substance is provided—
              (a) to any person to whom the substance is
                  supplied on or before the first occasion that
                  the substance is supplied to that person; and
              (b) if the MSDS is reviewed, to any person to
                  whom the substance is supplied on or before
                  the first occasion that the substance is
                  supplied to that person after the review; and
              (c) to any employer who intends to use that
                  hazardous substance in a workplace, on
                  request.
          Notes
          1      Act compliance—sections 29 and 30 (see
                 regulation 1.1.7).
          2      In subregulation (1) a reference to "supplier" includes
                 importing supplier.



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                 (2) Subregulation (1) does not apply—
                       (a) to a retailer or a retail warehouse operator if
                           the hazardous substance is supplied in a
                           consumer package; or
                       (b) if the hazardous substance is supplied to the
                           fuel tank of a vehicle as fuel for that vehicle.

                             Subdivision 4—Labels

           4.1.9 Manufacturers and importing suppliers must label
                 containers
                 (1) A manufacturer or an importing supplier of a
                     hazardous substance must label any container that
                     contains a hazardous substance in accordance with
                     subregulation (3) before the substance is supplied
                     to a workplace.
                     Penalty: 100 penalty units for a natural person;
                                 500 penalty units for a body corporate.
                 (2) Subregulation (1) does not apply if a container of
                     hazardous substance is supplied to a workplace for
                     the purposes of affixing the label in order to
                     comply with this regulation.
                 (3) The label must be in English, be legible and be
                     firmly secured, and must contain—
                       (a) the product name of the hazardous
                           substance; and
                       (b) the name, address and telephone number
                           of—
                             (i) the manufacturer of the substance in
                                 Australia; or
                             (ii) the importing supplier of the substance
                                  in Australia; and
                       (c) the chemical name for each Type I
                           ingredient; and



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             (d) for each Type II ingredient—
                   (i) its chemical name; or
                   (ii) if the identity of the ingredient is
                        commercially confidential, its generic
                        name; and
             (e) any relevant health and safety information
                 about the substance, including the
                 substance's risk phrases and safety phrases,
                 unless the container is so small that it is not
                 practical to provide that information; and
             (f) the word "hazardous" clearly and
                 prominently displayed.
        (4) Nothing in subregulation (1) prevents a
            manufacturer or importing supplier from labelling
            a container with the information required by that
            subregulation in appropriate languages in addition
            to English.
4.1.10 Recognition of other labelling systems
        (1) A manufacturer or an importing supplier of a
            hazardous substance need not comply with
            regulation 4.1.9 (other than subregulation (3)(f))
            if—
             (a) the container is labelled in accordance with
                 equivalent legislation; or
             (b) the substance is an agricultural chemical
                 product within the meaning of the AgVet
                 Code of Victoria and the container is labelled
                 in accordance with the Ag Labelling Code;
                 or
             (c) the substance is a veterinary chemical
                 product within the meaning of the AgVet
                 Code of Victoria and the container is labelled
                 in accordance with the Vet Labelling Code;
                 or



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                 (d) the substance is "therapeutic goods" within
                     the meaning of the Therapeutic Goods
                     (Victoria) Act 1994 and the container is
                     labelled in accordance with an order in force
                     under section 10 of the Therapeutic Goods
                     Act 1989 of the Commonwealth; or
                 (e) the substance is a poison or controlled
                     substance within the meaning of the Drugs,
                     Poisons and Controlled Substances Act
                     1981 and the container is labelled in
                     accordance with the Poisons Standard within
                     the meaning of Part 6-3 of the Therapeutic
                     Goods Act 1989 of the Commonwealth.
            (2) A manufacturer or an importing supplier of a
                hazardous substance need not comply with
                regulation 4.1.9(3)(f) if the manufacturer or
                importing supplier complies with
                subregulation (1) and is required to provide signal
                words to be clearly and prominently displayed on
                the label for that compliance.
            (3) In this regulation—
                Ag Labelling Code means the Ag Labelling Code
                    published by the APVMA on its Internet
                    site;
                AgVet Code of Victoria has the same meaning as
                    it has in the Agricultural and Veterinary
                    Chemicals (Victoria) Act 1994;
                APVMA means Australian Pesticides and
                   Veterinary Medicines Authority continued in
                   existence by the Agricultural and Veterinary
                   Chemicals (Administration) Act 1992 of the
                   Commonwealth;
                Vet Labelling Code means the Vet Labelling
                     Code published by the APVMA on its
                     Internet site.




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4.1.11 Supplier must ensure container is labelled
           A supplier (other than an importing supplier) of a
           hazardous substance must ensure that the
           container in which the substance is supplied to a
           workplace is labelled with the manufacturer's or
           the importing supplier's label.
           Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.
4.1.12 Disclosure of chemical name to registered medical
       practitioner
           A manufacturer or an importing supplier of a
           hazardous substance must immediately disclose
           the chemical name of an ingredient of a hazardous
           substance to a registered medical practitioner if—
             (a) the MSDS for the substance, or the label on
                 the container in which the substance is
                 supplied, does not disclose the chemical
                 name of the ingredient; and
             (b) the registered medical practitioner requests
                 the chemical name of the ingredient to assist
                 with the management of a patient.
           Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.

Division 3—Duties of employers and self-employed persons

    Subdivision 1—Prohibited hazardous substances

4.1.13 Prohibited hazardous substances
           An employer or a self-employed person must
           ensure that any hazardous substance—
             (a) listed in Schedule 2 to the National Model
                 Regulations for the Control of Workplace




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                              Hazardous Substances as a prohibited
                              substance; or
                         (b) listed in Schedule 5 to these Regulations; or
                         (c) determined by the Authority to be a
                             prohibited substance—
                       is not used at the employer's or self-employed
                       person's workplace for any purpose specified in
                       those Schedules or that determination in respect of
                       that substance.
                       Note
                       Act compliance—sections 21, 23 and 24 (see
                       regulation 1.1.7).

                       Subdivision 2—Duties of employer

            4.1.14 Application of Subdivision
                   (1) This Subdivision applies to—
                         (a) substances that have been determined under
                             regulation 4.1.4 or under equivalent
                             legislation to be hazardous substances and
                             are supplied to a workplace; and
                         (b) substances listed on the HSIS that are
                             produced or generated at a workplace from
                             non-hazardous substances.
                       Example
                       Examples of substances produced or generated at a
                       workplace from non-hazardous substances may include
                       welding fumes, wood dust, silica from grinding or cutting
                       silica-containing materials and lead from the hand sanding
                       of lead paint.
                       Note
                       An employer is not required to comply with Division 2 in
                       relation to a hazardous substance produced or generated at
                       the employer's workplace unless it is produced for sale or
                       exchange to another workplace. See regulation 4.1.2.




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       (2) Except as provided in subregulation (3) this
           Subdivision does not apply to lead metal, lead
           alloys or inorganic lead compounds (including
           lead salts of organic acids) in a prescribed lead
           process under Part 4.4 (Lead), at a workplace.
           Note
           The use of organic lead compounds, such as tetraethyl lead,
           is covered by this Part and not Part 4.4 (Lead).
       (3) Regulations 4.1.15 to 4.1.21 and 4.1.23—
            (a) apply to a hazardous substance containing
                lead; and
            (b) do not apply to the substances referred to in
                subregulation (1)(b).
       (4) In this Subdivision, a reference to a risk associated
           with a hazardous substance at a workplace
           includes a risk associated with—
            (a) any consequential product, waste or
                intermediate product generated at a
                workplace from a supplied hazardous
                substance; and
            (b) any hazardous substance listed on the HSIS
                that is produced or generated at a workplace
                from a non-hazardous substance.
4.1.15 MSDS to be obtained
           An employer must ensure that a current MSDS is
           obtained on or before the first occasion that a
           hazardous substance is supplied to the employer's
           workplace.
           Penalty: 100 penalty units for a natural person;
                        500 penalty units for a body corporate.




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            4.1.16 Currency of MSDS
                       An employer must make reasonable inquiries as to
                       the currency of an MSDS obtained by the
                       employer if it was prepared more than 5 years
                       before the hazardous substance to which it relates
                       was supplied to the employer and the MSDS had
                       not been reviewed during that 5 year period.
                       Penalty: 100 penalty units for a natural person;
                                   500 penalty units for a body corporate.
            4.1.17 MSDS must be readily accessible
                   (1) An employer must ensure that the current MSDS
                       for a hazardous substance is readily accessible to
                       any employee who may be exposed to the
                       substance.
                       Penalty: 100 penalty units for a natural person;
                                   500 penalty units for a body corporate.
                   (2) Nothing in regulation 4.1.6 prevents an employer
                       from making the current MSDS accessible to
                       employees in appropriate languages in addition to
                       English.
            4.1.18 Information in MSDS must not be altered
                       An employer must ensure that the information in a
                       current MSDS obtained under regulation 4.1.15 is
                       not altered.
                       Penalty: 100 penalty units for a natural person;
                                   500 penalty units for a body corporate.




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4.1.19 Containers must be labelled
       (1) An employer must ensure that a container in
           which a hazardous substance is supplied to the
           employer's workplace is labelled with the
           manufacturer's or the importing supplier's label.
           Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.
       (2) An employer must ensure that the label on a
           container in which a hazardous substance is
           supplied to the employer's workplace—
             (a) remains legible; and
             (b) is not removed, defaced or altered.
           Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.
       (3) An employer must ensure that if a hazardous
           substance is decanted into a container at the
           employer's workplace—
             (a) the container is clearly labelled with the
                 product name of the substance; or
             (b) if it is not practical to label the container
                 with the product name of the substance, the
                 employer uses some other means of
                 identifying the substance.
           Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.
       (4) An employer is not required to comply with
           subregulation (3) if a decanted substance is
           consumed immediately and the container is then
           immediately—




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                         (a) cleaned to the extent that it is not a risk to
                             health; or
                         (b) neutralised, cured or chemically deactivated
                             to the extent that any residue is not a risk to
                             health.
            4.1.20 How long must a container be labelled?
                        If a container that contains a hazardous substance
                        is required to be labelled under regulation 4.1.19,
                        the employer must ensure that the container
                        remains labelled until—
                         (a) it has been cleaned to the extent that it is not
                             a risk to health; or
                         (b) its contents have been neutralised, cured or
                             chemically deactivated to the extent that any
                             residue is not a risk to health.
                        Penalty: 100 penalty units for a natural person;
                                     500 penalty units for a body corporate.
            4.1.21 Identification of hazardous substances in plant
                        An employer must ensure that a hazardous
                        substance contained in a pipe, piping system,
                        process vessel, reactor vessel or any plant that
                        forms part of a manufacturing process is identified
                        to employees who may be exposed to the
                        substance.
                        Note
                        Act compliance—sections 21 and 23 (see regulation 1.1.7).




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4.1.22 Identification of containers of waste
            An employer must ensure that containers of waste
            produced or generated in a workplace from a
            hazardous substance are identified.
            Notes
            1     Act compliance—sections 21 and 23 (see
                  regulation 1.1.7).
            2     An employer is not required to comply with Division 2
                  in relation to the waste unless the waste is produced for
                  sale or exchange for use at a workplace. See
                  regulation 4.1.2.
4.1.23 Register of hazardous substances
        (1) An employer must ensure that a register is
            prepared and maintained in accordance with
            subregulation (2) of all hazardous substances
            supplied to the employer's workplace.
            Penalty: 60 penalty units for a natural person;
                         300 penalty units for a body corporate.
        (2) The register must contain—
                (a) a list of the product names of the hazardous
                    substances supplied to the employer's
                    workplace; and
                (b) a copy of the MSDS for each of the
                    hazardous substances supplied to the
                    employer's workplace.
        (3) An employer must ensure that the register is
            readily accessible to any employee who may be
            exposed to a hazardous substance at the
            employer's workplace.
            Penalty: 60 penalty units for a natural person;
                         300 penalty units for a body corporate.
        (4) An employer is not required to comply with
            subregulation (1) if the employer is a retailer or a
            retail warehouse operator and—


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                         (a) the hazardous substance is supplied in a
                             consumer package; and
                         (b) the consumer package is intended for retail
                             sale; and
                         (c) the consumer package is not intended to be
                             opened on the premises of the retailer or
                             retail warehouse operator.
                        Note
                        This regulation does not exempt an employer who is a
                        retailer or retail warehouse operator from the duty under—
                        (a) regulation 4.1.15 to obtain an MSDS for each
                            hazardous substance used in his or her workplace or
                            intended for retail sale; or
                        (b) subregulation (1) to prepare and maintain a register in
                            relation to each hazardous substance opened on the
                            premises of his or her workplace.
            4.1.24 Control of risk
                    (1) An employer must eliminate so far as is
                        reasonably practicable any risk associated with
                        hazardous substances at the employer's workplace.
                        Note
                        Act compliance—sections 21 and 23 (see regulation 1.1.7).
                    (2) If it is not reasonably practicable to eliminate a
                        risk associated with hazardous substances at the
                        employer's workplace, the employer must reduce
                        that risk, so far as is reasonably practicable, by—
                         (a) substituting the substance with—
                                 (i) a substance that is less hazardous; or
                                (ii) a less hazardous form of the substance;
                                     or
                         (b) isolating employees from the source of
                             exposure to the hazardous substance; or
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             (d) combining any of the risk control measures
                 in paragraphs (a), (b) and (c).
           Note
           Act compliance—sections 21 and 23 (see regulation 1.1.7).
       (3) If an employer has complied with subregulations
           (1) and (2) so far as is reasonably practicable and
           a risk associated with a hazardous substance at the
           workplace remains, the employer must use
           administrative controls to reduce the risk, so far as
           is reasonably practicable.
           Note
           Act compliance—sections 21 and 23 (see regulation 1.1.7).
       (4) If an employer has complied with subregulations
           (1), (2) and (3) so far as is reasonably practicable
           and a risk associated with a hazardous substance
           at the workplace remains, the employer must
           control the risk by providing appropriate personal
           protective equipment to employees at risk.
           Note
           Act compliance—section 21 (see regulation 1.1.7).
4.1.25 Review of risk control measures
       (1) An employer must ensure that any measures
           implemented to control risks in relation to
           hazardous substances in the workplace are
           reviewed and, if necessary, revised—
             (a) before any alteration is made to systems of
                 work that is likely to result in changes to
                 risks associated with hazardous substances in
                 the workplace; or
             (b) if the employer receives advice from a
                 registered medical practitioner under
                 regulation 4.1.30(3)(c)(i) that adverse health
                 effects have been identified by the health
                 surveillance; or



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                        (c) after any incident occurs to which Part 5 of
                            the Act applies that involves a hazardous
                            substance in the workplace; or
                        (d) if, for any other reason, the risk control
                            measures do not adequately control the risks;
                            or
                        (e) after receiving a request from a health and
                            safety representative.
                       Note
                       Act compliance—sections 21 and 23 (see regulation 1.1.7).
                   (2) A health and safety representative may make a
                       request under subregulation (1)(e) if the health
                       and safety representative believes on reasonable
                       grounds that—
                        (a) any of the circumstances referred to in
                            subregulations (1)(a) to (1)(d) exist; or
                        (b) the employer has failed—
                                (i) to properly review the risk control
                                    measures; or
                               (ii) to take account of any of the
                                    circumstances referred to in
                                    subregulations (1)(a) to (1)(d) in
                                    conducting a review of or revising the
                                    risk control measures.
            4.1.26 Exposure standard must not be exceeded
                       An employer must ensure that an employee is not
                       exposed to an atmospheric concentration of a
                       hazardous substance supplied to or generated at
                       the workplace above the exposure standard
                       (if any) for the substance or any of its ingredients.
                       Note
                       Act compliance—section 21 (see regulation 1.1.7).




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4.1.27 Atmospheric monitoring
        (1) An employer must ensure that atmospheric
            monitoring is carried out in respect of a hazardous
            substance supplied to or generated at the
            employer's workplace if there is an exposure
            standard for the hazardous substance or any of its
            ingredients and—
             (a) there is uncertainty (based on reasonable
                 grounds) as to whether the exposure standard
                 is or may be exceeded; or
             (b) atmospheric monitoring is necessary to
                 determine whether there is a risk to health.
            Note
            Act compliance—section 22(1) (see regulation 1.1.7).
        (2) An employer is not required to comply with
            subregulation (1) in relation to a hazardous
            substance if health surveillance is required for that
            substance under regulation 4.1.30 and the health
            surveillance includes biological monitoring.
4.1.28 Provision of results of atmospheric monitoring
            An employer must provide the results of any
            atmospheric monitoring at the employer's
            workplace as soon as is reasonably practicable to
            any employee who has been, or who may be,
            exposed to the hazardous substance that is the
            subject of the monitoring.
            Penalty: 60 penalty units for a natural person;
                         300 penalty units for a body corporate.




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            4.1.29 Records of atmospheric monitoring
                    (1) An employer must retain a record of the results of
                        atmospheric monitoring for—
                         (a) a period (not exceeding 30 years) that is
                             determined by the Authority; or
                         (b) 30 years, if no period has been determined
                             by the Authority.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
                    (2) In determining a period for the purposes of
                        subregulation (1)(a), the Authority may specify
                        different periods for different hazardous
                        substances or different classes of hazardous
                        substances.
                    (3) An employer must ensure that the record of
                        atmospheric monitoring is accessible to any
                        employee who has been, or may be, exposed to
                        the hazardous substance that is the subject of the
                        monitoring.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
            4.1.30 Health surveillance
                    (1) An employer must ensure that health surveillance
                        is provided for an employee if—
                         (a) the employee is exposed to any hazardous
                             substance—
                               (i) listed in column 1 of Schedule 3 to the
                                   National Model Regulations for the
                                   Control of Workplace Hazardous
                                   Substances (except asbestos); or
                               (ii) determined by the Authority to be a
                                    hazardous substance for which health
                                    surveillance is required; and


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     (b) the exposure of the employee to the
         hazardous substance is such that an adverse
         effect on the employee's health is reasonably
         likely to occur under the particular
         conditions of work at the workplace.
    Note
    Act compliance—section 22(1) (see regulation 1.1.7).
(2) The purpose of the health surveillance is to
    monitor the employee's health for the purpose of
    identifying changes in the employee's health status
    due to occupational exposure to a hazardous
    substance.
(3) The employer must ensure—
     (a) that the health surveillance is performed
         under the supervision of a registered medical
         practitioner; and
     (b) that a report of the health surveillance is
         prepared by the registered medical
         practitioner and a copy of the report is given
         to the employer; and
     (c) that the health surveillance report includes
         (if relevant)—
             (i) any indications of adverse health
                 effects identified by the registered
                 medical practitioner that may be
                 attributed to the hazardous substance;
                 and
            (ii) any recommendations relating to the
                 need for the employer to take measures
                 to ensure that the employee is not
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                                (iii) an interpretation of the results of the
                                      health surveillance, including a
                                      statement by the registered medical
                                      practitioner as to whether, in his or her
                                      opinion, the employee should continue
                                      working with the hazardous substance.
                        Note
                        Act compliance—section 22(1) (see regulation 1.1.7).
            4.1.31 Copy of report to Authority
                        If an employer receives recommendations under
                        regulation 4.1.30(3)(c)(ii), the employer must
                        ensure that a copy of the health surveillance report
                        is provided to the Authority.
                        Penalty: 60 penalty units for a natural person;
                                     300 penalty units for a body corporate.
            4.1.32 Records of health surveillance
                    (1) An employer must retain any health surveillance
                        report given to the employer under
                        regulation 4.1.30(3) for—
                         (a) a period (not exceeding 30 years) that is
                             determined by the Authority; or
                         (b) if no period has been determined by the
                             Authority, 30 years.
                        Penalty: 60 penalty units for a natural person;
                                     300 penalty units for a body corporate.
                    (2) In specifying a period for the purposes of
                        subregulation (1)(a), the Authority may specify
                        different periods for different hazardous
                        substances or different classes of hazardous
                        substances.
                                 __________________




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PART 4.2—SCHEDULED CARCINOGENIC SUBSTANCES

4.2.1 Application of Part
          This Part applies to scheduled carcinogenic
          substances in addition to Part 4.1 (Hazardous
          Substances).
4.2.2 Supply of scheduled carcinogenic substances
      (1) A supplier of a scheduled carcinogenic substance
          must not supply that substance to an employer or a
          self-employed person unless the employer or self-
          employed person holds a carcinogens licence
          relating to that substance.
          Penalty: 100 penalty units for a natural person;
                      500 penalty units for a body corporate.
      (2) A supplier of a scheduled carcinogenic substance
          must—
            (a) record the name and address of any person to
                whom a scheduled carcinogenic substance is
                supplied and the name and quantity of the
                substance supplied; and
            (b) obtain a copy of the relevant carcinogens
                licence held by the person to whom a
                scheduled carcinogenic substance is
                supplied.
          Penalty: 60 penalty units for a natural person;
                      300 penalty units for a body corporate.
      (3) The supplier must retain the record of supply and
          the copy of the carcinogens licence for at least
          5 years.
          Penalty: 60 penalty units for a natural person;
                      300 penalty units for a body corporate.




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           4.2.3 Requirement to hold carcinogens licence
                 (1) A person must not perform work or carry out an
                     activity involving a Schedule 1 carcinogenic
                     substance at a workplace unless—
                       (a) the workplace is a laboratory; and
                       (b) the person—
                             (i) holds a licence to use a Schedule 1
                                 carcinogenic substance at that
                                 laboratory issued under Part 6.1
                                 (Licences); or
                             (ii) is an employee of the holder of such a
                                  licence.
                     Note
                     See section 40(4) of the Act.
                 (2) A person must not perform work or carry out an
                     activity involving a Schedule 2 carcinogenic
                     substance at a workplace that is a laboratory
                     unless the person—
                       (a) holds a licence to use a Schedule 2
                           carcinogenic substance at that laboratory
                           issued under Part 6.1 (Licences); or
                       (b) is an employee of the holder of such a
                           licence.
                     Note
                     See section 40(4) of the Act.
                 (3) A person must not perform work or carry out an
                     activity involving a Schedule 2 carcinogenic
                     substance at a workplace other than a laboratory
                     unless the person—
                       (a) holds a licence to use a Schedule 2
                           carcinogenic substance at that workplace
                           issued under Part 6.1 (Licences); or




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           (b) is an employee of the holder of such a
               licence.
          Note
          See section 40(4) of the Act.
      (4) Despite anything to the contrary in this regulation,
          a carcinogens licence is not required in respect of
          a scheduled carcinogenic substance that is
          supplied to the workplace of an employer or self-
          employed person in a sealed container, if the
          sealed container is not intended to be opened on
          the premises of the employer or self-employed
          person.
4.2.4 Records
      (1) An employer must make a record in accordance
          with subregulation (2) of each person who works
          with a scheduled carcinogenic substance at the
          employer's workplace.
          Penalty: 60 penalty units for a natural person;
                      300 penalty units for a body corporate.
      (2) The record must contain—
           (a) the person's full name; and
           (b) the person's date of birth; and
           (c) the person's residential address during the
               period that the person worked with the
               scheduled carcinogenic substance; and
           (d) the name of each scheduled carcinogenic
               substance that the person worked with at the
               employer's workplace; and
           (e) the period of time over which the person
               worked with each of the scheduled
               carcinogenic substances.




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                 (3) The employer must retain the record made under
                     subregulation (1) in relation to a person for
                     30 years from the date that the person last worked
                     with a scheduled carcinogenic substance at the
                     employer's workplace.
                     Penalty: 60 penalty units for a natural person;
                                 300 penalty units for a body corporate.
           4.2.5 Statement of work with scheduled carcinogenic
                 substance
                 (1) This regulation applies if a person has worked
                     with a scheduled carcinogenic substance at an
                     employer's workplace.
                 (2) The employer must give the person a written
                     statement in accordance with subregulation (3) at
                     the time when the person ceases to work at the
                     workplace.
                     Penalty: 60 penalty units for a natural person;
                                 300 penalty units for a body corporate.
                 (3) The written statement must contain—
                       (a) the name of any scheduled carcinogenic
                           substance that the person worked with at the
                           employer's workplace; and
                       (b) the period of time over which the person
                           worked with the scheduled carcinogenic
                           substance; and
                       (c) details of how and where records retained
                           under regulation 4.2.4 may be obtained; and
                       (d) a statement advising the person to have
                           periodical health assessments and details of
                           the types of tests that are relevant.
                             __________________




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                  PART 4.3—ASBESTOS

           Division 1—Introductory matters

4.3.1 Application of Part
          This Part does not apply to construction or
          demolition material—
            (a) produced in accordance with an auditable
                process, determined by the Authority, to
                verify that asbestos-containing material has
                been removed from that material; and
            (b) of which less than 0·001% is asbestos-
                containing material measured using a method
                determined by the Authority.
          Note
          The processing of construction or demolition material to
          remove asbestos-containing material in accordance with the
          method determined under regulation 4.3.1(b) is covered in
          Division 8.

          Division 2—General requirements

4.3.2 Control risk of exposure—person who manages or
      controls workplace
      (1) A person who manages or controls a workplace—
            (a) must eliminate so far as is reasonably
                practicable the exposure of persons at the
                workplace to airborne asbestos fibres; or
            (b) if it is not reasonably practicable to eliminate
                that exposure, must reduce that exposure so
                far as is reasonably practicable.
          Note
          Act compliance—section 26 (see regulation 1.1.7).
      (2) Without limiting subregulation (1), a person who
          manages or controls a workplace must ensure that


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                     a person at the workplace is not exposed to an
                     atmospheric concentration of asbestos fibres
                     above the asbestos exposure standard.
                     Note
                     Act compliance—section 26 (see regulation 1.1.7).
                 (3) A person who manages or controls a workplace
                     must ensure that a determination of an employee's
                     exposure to airborne asbestos fibres in the
                     workplace is carried out if there is uncertainty
                     (based on reasonable grounds) as to whether the
                     asbestos exposure standard has been exceeded.
                     Note
                     Act compliance—sections 21 and 26 (see regulation 1.1.7).
                 (4) A person who manages or controls a workplace
                     must ensure that copies of the results of
                     atmospheric monitoring are accessible to an
                     employer at the workplace.
                     Note
                     Act compliance—section 26 (see regulation 1.1.7)
           4.3.3 Control risk of exposure—employer or self-
                 employed person
                 (1) An employer or self-employed person—
                       (a) must eliminate so far as is reasonably
                           practicable the exposure of persons at the
                           workplace to airborne asbestos fibres, arising
                           from the undertaking of the employer or self-
                           employed person; or
                       (b) if it is not reasonably practicable to eliminate
                           that exposure, must reduce that exposure, so
                           far as is reasonably practicable.
                     Note
                     Act compliance—sections 21, 23 and 24 (see
                     regulation 1.1.7).




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       (2) Without limiting subregulation (1), an employer
           or self-employed person must ensure that a person
           is not exposed to an atmospheric concentration of
           asbestos fibres arising from the conduct of the
           undertaking of the employer or self-employed
           person above the asbestos exposure standard.
           Note
           Act compliance—sections 21, 23 and 24 (see
           regulation 1.1.7).
4.3.4 Determination of employee's exposure
           An employer must ensure that a determination of
           an employee's exposure to airborne asbestos fibres
           in the workplace is carried out if there is
           uncertainty (based on reasonable grounds) as to
           whether the asbestos exposure standard has been
           exceeded.
           Note
           Act compliance—section 21, 23 and 24 (see
           regulation 1.1.7).
4.3.5 Results of atmospheric monitoring to be available
           An employer must ensure that copies of the results
           of atmospheric monitoring for airborne asbestos
           fibres at the workplace are accessible to the health
           and safety representative of any affected
           designated work group and to affected employees.
           Penalty: 60 penalty units for a natural person;
                      300 penalty units for a body corporate.
4.3.6 Analysis by approved asbestos analyst
       (1) If an analysis of any sample is required under this
           Part the analysis must be undertaken by an
           approved asbestos analyst.
       (2) The analysis results must be reported in
           accordance with the requirements of NATA or the
           scheme under which the analyst was approved.



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           Division 3—Prohibitions under the Occupational Health and
                                Safety Act 2004

             4.3.7 Asbestos removal work
                   (1) An employer, a self-employed person or a person
                       who manages or controls a workplace must not
                       perform asbestos removal work, or arrange for
                       asbestos removal work to be performed, in respect
                       of the workplace unless—
                         (a) the person performing the asbestos removal
                             work—
                               (i) holds an asbestos removal licence that
                                   permits the person to remove the
                                   asbestos; or
                               (ii) is employed by a person who holds
                                    such a licence; or
                         (b) the asbestos removal work is permitted under
                             regulation 4.3.45.
                       Penalty: 100 penalty units for a natural person;
                                   500 penalty units for a body corporate.
                   (2) This prohibition does not apply if the work is for
                       the purpose of sampling and identification.
            4.3.8 Removal of contaminated protective clothing
                   (1) An employer or self-employed person must not
                       remove from a workplace protective clothing
                       contaminated with asbestos unless the clothing
                       is—
                         (a) disposed of—
                               (i) as soon as is reasonably practicable;
                                   and
                               (ii) in an appropriate manner that
                                    eliminates the release of airborne
                                    asbestos fibres; and



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                 (iii) at a waste disposal site licensed by the
                       Environment Protection Authority; or
            (b) laundered at a commercial laundry and for
                that purpose the clothing is contained so as
                to eliminate the release of airborne asbestos
                fibres and the exterior of the container—
                  (i) is decontaminated before being
                      removed from the work area; and
                  (ii) indicates the presence of asbestos
                       before the clothing is transferred to the
                       laundry.
          Note
          Act compliance—sections 21, 23 and 24 (see
          regulation 1.1.7).
       (2) Subregulation (1) does not apply if the
           contamination arises from asbestos removal work
           under Division 7 or the carrying out of asbestos
           related activities under Division 8.
          Note
          Divisions 7 and 8 have specific requirements relating to the
          disposal and laundering of asbestos contaminated clothing.
4.3.9 Use of certain tools or instruments
       (1) An employer or self-employed person must not
           use the following or cause the following to be
           used on asbestos unless the use is controlled—
            (a) a broom; or
            (b) a brush (except where the brush is used for
                sealing); or
            (c) a high pressure water jet, power tool or other
                similar tool or instrument.
          Note
          Act compliance—sections 21, 23 and 24 (see regulation
          1.1.7).




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           (2) For the purposes of subregulation (1), the use of
               the tool or instrument is controlled, if, while the
               tool or instrument is in use—
                (a) the tool or instrument is enclosed; or
                (b) engineering controls are used; or
                (c) a combination of the methods in paragraphs
                    (a) and (b) is used—
               so that the employer or self-employed person
               ensures that a person is not likely to be exposed to
               more than one half of the asbestos exposure
               standard.
           (3) An employer or self-employed person must not
               rely on respiratory protection devices to ensure
               that one half of the asbestos exposure standard is
               not exceeded.
               Note
               Act compliance—sections 21, 23 and 24 (see
               regulation 1.1.7).
           (4) Subregulations (1) to (3) do not apply to the
               removal of asbestos undertaken within an
               enclosed removal area in accordance with
               Division 7.
           (5) An employer or self-employed person must not
               use or cause to be used compressed air or other
               gases—
                (a) on asbestos, except in areas enclosed to
                    prevent the release of airborne asbestos
                    fibres from the enclosed area; or




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              (b) within 6 metres of an activity involving
                  asbestos unless the use of that air or gas does
                  not result in airborne asbestos fibres that
                  exceed one half of the asbestos exposure
                  standard.
             Note
             Act compliance—sections 21, 23 and 24 (see
             regulation 1.1.7).
       (6) An employer or self-employed person must not
           rely on respiratory protection devices to control a
           risk under subregulation (5)(b).
             Note
             Act compliance—sections 21, 23 and 24 (see
             regulation 1.1.7).

  Division 4—Prohibitions under the Dangerous Goods
                       Act 1985

      Note
      The Australian Government restricts the import and export of
      asbestos and goods containing asbestos under the Commonwealth
      Customs (Prohibited Imports) Regulations 1956 and the
      Commonwealth Customs (Prohibited Exports) Regulations 1958.

                    Subdivision 1—General

4.3.10 General exclusions
       (1) The prohibitions specified in regulations 4.3.12 to
           4.3.16 and 4.3.17(3) do not apply for the purpose
           of—
              (a) scientific analysis or research;
              (b) sampling and identification;
              (c) retention of asbestos samples for
                  demonstration, education or practical
                  training purposes;
              (d) non-asbestos mining or the extraction of
                  stone if asbestos is encountered.


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                    (2) The prohibitions specified in regulations 4.3.12 to
                        4.3.17(1) and 4.3.17(3) do not apply to soil from
                        which visible asbestos-containing material has
                        been removed, so far as is reasonably practicable,
                        by the person proposing to supply, store,
                        transport, sell, use or re-use the soil.
                        Note
                        Any person supplying, storing, transporting, selling, using or
                        re-using soil must visually inspect the soil and remove any
                        visible asbestos-containing material from the soil.
                    (3) Regulations 4.3.12(2)(b), 4.3.13(2)(c),
                        4.3.14(2)(c) and 4.3.15(2)(b) expire on 1 February
                        2008.

                           Subdivision 2—Prohibitions

            4.3.11 Manufacture of asbestos
                    (1) A person must not manufacture asbestos-
                        containing material.
                    (2) A person who contravenes subregulation (1) is
                        liable to a penalty not exceeding—
                         (a) 100 penalty units for a natural person; or
                         (b) 400 penalty units for a body corporate.
            4.3.12 Supply of asbestos
                    (1) Subject to subregulation (2), a person must not
                        supply asbestos to any person.
                    (2) This prohibition does not apply to—
                         (a) the supply of asbestos fixed to or installed in
                             a building, structure, ship, plant, aircraft or
                             vehicle as at 31 December 2003;
                         (b) the supply of brake shoes lined with asbestos
                             for the purpose of re-lining the brake shoes
                             with material that does not contain asbestos.




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        (3) A person who contravenes subregulation (1) is
            liable to a penalty not exceeding—
             (a) 100 penalty units for a natural person; or
             (b) 400 penalty units for a body corporate.
4.3.13 Storage of asbestos
        (1) Subject to subregulation (2), a person must not
            store asbestos.
        (2) This prohibition does not apply to—
             (a) the storage of asbestos waste or non-
                 disposable personal protective clothing likely
                 to be contaminated with asbestos that is—
                   (i) being stored for the purpose of
                       disposal, or in the case of non-
                       disposable personal protective clothing
                       contaminated with asbestos, stored for
                       the purpose of laundering; and
                   (ii) stored securely and identified to
                        indicate the likely or actual presence of
                        asbestos; and
                  (iii) contained so as to eliminate the release
                        of airborne asbestos fibres; and
                  (iv) disposed of as soon as is reasonably
                       practicable, or, in the case of non-
                       disposable personal protective clothing
                       contaminated with asbestos, laundered
                       as soon as is reasonably practicable;
             (b) asbestos fixed to or installed in a building,
                 structure, ship, plant, aircraft or vehicle as at
                 31 December 2003;




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                         (c) the storage of brake shoes lined with
                             asbestos if the brake shoes are—
                               (i) being stored for the purpose of disposal
                                   of the asbestos or awaiting supply in
                                   accordance with regulation 4.3.12(2)(b)
                                   or transport in accordance with
                                   regulation 4.3.14(2)(c); and
                               (ii) stored securely and identified to
                                    indicate the likely or actual presence of
                                    asbestos; and
                              (iii) contained so as to eliminate the release
                                    of airborne asbestos fibres.
                   (3) A person who contravenes subregulation (1) is
                       liable to a penalty not exceeding—
                         (a) 100 penalty units for a natural person; or
                         (b) 400 penalty units for a body corporate.
            4.3.14 Transport of asbestos
                   (1) Subject to subregulation (2), a person must not
                       transport asbestos.
                   (2) This prohibition does not apply to—
                         (a) the transport of asbestos and asbestos waste
                             for the purpose of disposal or, in the case of
                             non-disposable personal protective clothing
                             contaminated with asbestos, for the purpose
                             of laundering;
                             Note
                             The Environment Protection Authority controls the
                             transportation of industrial-sourced asbestos waste.
                             Owners of vehicles that transport industrial-sourced
                             asbestos waste must hold a waste transport permit,
                             unless the vehicle is exempt.




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             (b) the transport of asbestos fixed to or installed
                 in a building, structure, vehicle, aircraft, ship
                 or plant as at 31 December 2003;
             (c) the transport of brake shoes lined with
                 asbestos for the purpose of re-lining the
                 brake shoes with material that does not
                 contain asbestos.
        (3) A person who contravenes subregulation (1) is
            liable to a penalty not exceeding—
             (a) 100 penalty units for a natural person; or
             (b) 400 penalty units for a body corporate.
4.3.15 Sale of asbestos
        (1) Subject to subregulation (2), a person must not
            sell asbestos.
        (2) This prohibition does not apply to—
             (a) the sale of asbestos fixed to or installed in a
                 building, structure, ship, plant, aircraft or
                 vehicle as at 31 December 2003;
             (b) the sale of brake shoes lined with asbestos
                 for the purpose of re-lining the brake shoes
                 with material that does not contain asbestos.
        (3) A person who contravenes subregulation (1) is
            liable to a penalty not exceeding—
             (a) 100 penalty units for a natural person; or
             (b) 400 penalty units for a body corporate.
4.3.16 Use of asbestos
        (1) A person must not use asbestos.
        (2) This prohibition does not apply to asbestos fixed
            to or installed in a building, structure, ship, plant,
            aircraft or vehicle as at 31 December 2003.




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                    (3) A person who contravenes subregulation (1) is
                        liable to a penalty not exceeding—
                         (a) 100 penalty units for a natural person; or
                         (b) 400 penalty units for a body corporate.
            4.3.17 Re-use, installation and replacement of asbestos
                    (1) A person must not fix asbestos-containing
                        material to, or install asbestos-containing material
                        in, any building, structure, ship, plant, aircraft or
                        vehicle.
                    (2) A person must not replace any part of a building,
                        structure, ship, vehicle, aircraft or plant with
                        asbestos-containing material.
                    (3) A person must not re-use any asbestos.
                        Note
                        When fixed or installed asbestos needs to be replaced, a
                        material that does not contain asbestos must be used.
                    (4) A person who contravenes subregulation (1), (2)
                        or (3) is liable to a penalty not exceeding—
                         (a) 100 penalty units for a natural person; or
                         (b) 400 penalty units for a body corporate.
            4.3.18 Exemptions for chrysotile
                    (1) A person is not required to comply with
                        regulations 4.3.16 and 4.3.17 in relation to
                        asbestos-containing material until 1 January 2008
                        if—
                         (a) the asbestos-containing material contains
                             chrysotile asbestos (but not amphibole
                             asbestos) and is of a type, and for a use, that
                             falls within a category specified in
                             Schedule 6; and




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     (b) the person has given a notice to the
         Authority in accordance with
         subregulation (2); and
     (c) the person receives from the Authority a
         confirmation of receipt of the notice.
(2) A notice referred to in subregulation (1)(b) must
    state—
     (a) the person's name and any registered
         business name; and
     (b) the person's contact details; and
     (c) the category specified in Schedule 6 within
         which the chrysotile asbestos falls; and
     (d) the address of the premises where the person
         will use, fix, install or re-use chrysotile-
         containing material or will replace any
         material with chrysotile-containing material;
         and
     (e) the quantity of chrysotile-containing
         material; and
     (f) if different from paragraph (b), the contact
         details of the person immediately involved in
         the use, fixing, installation or reuse of
         chrysotile-containing material or in the
         replacement of any material with chrysotile-
         containing material; and
     (g) the date of the notice; and
     (h) the details of any consultation that occurred
         with the health and safety representative of
         an affected designated work group, or
         affected employees if there is no health and
         safety representative, in relation to the
         proposed use, fixing, installation or re-use of
         chrysotile-containing material or
         replacement of any material with chrysotile-
         containing material; and


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                  (i) the name and contact details of persons who
                      will supply, store, transport or sell the
                      chrysotile-containing material.
            (3) Within 30 days after receiving a notice under
                subregulation (1)(b), the Authority must—
                 (a) give the person who gave the notice a receipt
                     in writing that states that the Authority
                     confirms receipt of the notice; or
                 (b) in writing inform the person who gave the
                     notice—
                       (i) that the Authority defers confirming
                           receipt of the notice under
                           paragraph (a) because the notice
                           contains insufficient information; and
                       (ii) of what further information is required
                            by the Authority.
            (4) The person who receives a confirmation of receipt
                under subregulation (3)(a) must provide a copy of
                the confirmation of receipt to any other person
                who supplies, stores, transports or sells chrysotile-
                containing material on behalf of the first-
                mentioned person.
            (5) A person who is given a copy of a confirmation of
                receipt under subregulation (4) is not required to
                comply with regulation 4.3.12, 4.3.13, 4.3.14 or
                4.3.15 when supplying, storing, transporting or
                selling the chrysotile-containing material specified
                in the confirmation of receipt.




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           Division 5—Asbestos in workplaces

          Subdivision 1—Application of Division

4.3.19 Application of Division
        (1) This Division applies to a workplace where
            asbestos-containing material is fixed or installed
            in a building, structure, ship or plant.
            Note
            Plant would include plant that generally forms part of a
            structure such as a lift, boiler, air-conditioning plant or plant
            room.
        (2) This Division does not apply to a domestic
            premises that is a workplace only because of work
            being performed by an employer or self-employed
            person engaged to perform the work.

Subdivision 2—Duties of persons who manage or control
                     workplaces

4.3.20 Identification of asbestos
        (1) A person who manages or controls a workplace
            must, so far as is reasonably practicable, identify
            all asbestos present that is under the person's
            management or control.
            Note
            Act compliance—section 26 (see regulation 1.1.7).
        (2) If there is uncertainty (based on reasonable
            grounds) as to whether asbestos is present, or if
            there are inaccessible areas that are likely to
            contain asbestos, the person who manages or
            controls the workplace must—




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                 (a) assume that asbestos is present; or
                 (b) arrange for analysis of a sample to be
                     undertaken.
                Note
                Act compliance—section 26 (see regulation 1.1.7).
            (3) If asbestos is assumed to be present under
                subregulation (2), it is taken to be identified for
                the purposes of this Part.
            (4) In relation to asbestos that is identified, the person
                who manages or controls the workplace must
                determine—
                 (a) the location of the asbestos; and
                 (b) the likely source of asbestos that is not fixed
                     or installed; and
                 (c) in relation to asbestos-containing material—
                        (i) the type of asbestos-containing
                            material; and
                       (ii) whether the asbestos-containing
                            material is friable or non-friable; and
                       (iii) the condition of the asbestos-containing
                             material; and
                       (iv) whether the asbestos-containing
                            material is likely to sustain damage or
                            deterioration; and
                 (d) so far as is possible, any activities likely to
                     be carried out in the workplace that are, in
                     view of their nature or design, likely to
                     damage or disturb the asbestos.
                Note
                Act compliance—section 26 (see regulation 1.1.7).




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        (5) In relation to inaccessible areas that are likely to
            contain asbestos, the person who manages or
            controls the workplace must comply with
            subregulations (4)(a) and (4)(b) so far as is
            possible.
            Note
            Act compliance—section 26 (see regulation 1.1.7).
        (6) In relation to asbestos that is identified, the person
            who manages or controls the workplace must
            ensure that—
             (a) the presence and location of the asbestos is
                 clearly indicated; and
             (b) if reasonably practicable, the indication is by
                 labelling.
            Note
            Act compliance—section 26 (see regulation 1.1.7).
4.3.21 Asbestos register
        (1) A person who manages or controls a workplace
            must record in an asbestos register, in accordance
            with subregulation (2), the results of an
            identification of asbestos conducted by the person
            under regulation 4.3.20.
            Note
            Act compliance—section 26 (see regulation 1.1.7).
        (2) The asbestos register must contain—
             (a) information in relation to the matters
                 determined under regulation 4.3.20(4);
             (b) details of inaccessible areas that are likely to
                 contain asbestos;
             (c) the date of each identification.




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            4.3.22 Asbestos register to be kept current
                    (1) A person who manages or controls a workplace
                        must revise the asbestos register to keep it current
                        and include any changes of condition and any
                        removal, enclosure or sealing of asbestos.
                        Note: Act compliance—section 26 (see regulation 1.1.7).
                    (2) Without limiting subregulation (1), the person
                        who manages or controls a workplace must ensure
                        that the asbestos register is reviewed and, if
                        necessary, revised at least every 5 years.
                        Notes
                        1     Act compliance—section 26 (see regulation 1.1.7).
                        2     See also the obligation to review and revise the
                              asbestos register under regulation 4.3.35.
            4.3.23 Access to asbestos register
                    (1) A person who manages or controls a workplace
                        must provide a copy of the asbestos register to—
                            (a) any employer or self-employed person
                                whose business is located at the workplace;
                                and
                            (b) an asbestos licence holder engaged to do
                                asbestos removal work; and
                            (c) a person who is required to obtain a copy
                                under regulation 4.3.103, and who requests a
                                copy from the person who manages or
                                controls the workplace.
                        Penalty: 60 penalty units for a natural person;
                                     300 penalty units for a body corporate.




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        (2) A person who manages or controls a workplace
            must inform any person engaged to do work at
            that workplace that involves the risk of exposure
            to airborne asbestos fibres of the asbestos register
            and must provide access to that register.
            Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.
        (3) If access is requested, a person who manages or
            controls a workplace must provide access to the
            asbestos register to any other person engaged by
            that person to do work at that workplace.
            Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.
            Note
            This would include giving access to a "designer" under the
            Act.
        (4) If a copy is requested, a person who manages or
            controls a workplace must provide a copy of the
            asbestos register to an employer or self-employed
            person who proposes to occupy the workplace.
            Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.
4.3.24 Provision of register by person relinquishing
       management or control
            If a person who manages or controls a workplace
            is intending to relinquish management or control,
            that person must provide a copy of the asbestos
            register to the person, if any, assuming
            management or control.
            Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.




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            4.3.25 Control of risk
                    (1) A person who manages or controls a workplace
                        must ensure that any risk associated with the
                        presence of asbestos is eliminated, so far as is
                        reasonably practicable, by removing the asbestos-
                        containing material.
                        Note
                        Act compliance—section 26 (see regulation 1.1.7).
                    (2) If it is not reasonably practicable to remove the
                        asbestos-containing material, a person who
                        manages or controls a workplace must enclose the
                        material to reduce, so far as is reasonably
                        practicable, any risk associated with the presence
                        of asbestos.
                        Note
                        Act compliance—section 26 (see regulation 1.1.7).
                    (3) If a person who manages or controls a workplace
                        has enclosed the asbestos-containing material so
                        far as is reasonably practicable and a risk remains,
                        the person who manages or controls the workplace
                        must seal the material to reduce, so far as is
                        reasonably practicable, any risk associated with
                        the presence of asbestos.
                        Note
                        Act compliance—section 26 (see regulation 1.1.7).
            4.3.26 Review of risk control measures
                        A person who manages or controls a workplace
                        must ensure that any measures implemented to
                        control risks associated with the presence of
                        asbestos are reviewed, and, if necessary revised—
                         (a) before any change is made to the workplace
                             or a building, structure, ship or plant at the
                             workplace or a system of work that is likely
                             to disturb or damage any asbestos; or



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             (b) after any incident occurs to which Part 5 of
                 the Act applies that is associated with the
                 presence of asbestos; or
             (c) if, for any other reason, the risk control
                 measures do not adequately control the risks.
            Note
            Act compliance—section 26 (see regulation 1.1.7).

            Subdivision 3—Duties of employer

4.3.27 Identification of asbestos
        (1) An employer at any workplace to which this
            Division applies must—
             (a) if another person manages or controls a
                 workplace, obtain from that person a copy of
                 the asbestos register; and
             (b) so far as is reasonably practicable, identify
                 all asbestos that is under the management or
                 control of the employer, including asbestos-
                 containing material that is fixed to or
                 installed in any plant under the management
                 or control of the employer.
            Note
            Act compliance—sections 21, 23 and 26 (see
            regulation 1.1.7).
        (2) For the purpose of complying with subregulation
            (1)(b), if there is uncertainty (based on reasonable
            grounds) as to whether any material of which the
            employer has management or control is asbestos,
            or if there are inaccessible areas that are likely to
            contain asbestos, the employer must—
             (a) assume that asbestos is present; or
             (b) arrange for analysis of a sample to be
                 undertaken.




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            (3) If asbestos is assumed to be present under
                subregulation (2), it is taken to be identified for
                the purposes of this Part.
            (4) In relation to asbestos that is identified, the
                employer must determine—
                 (a) the location of the asbestos; and
                 (b) the likely source of asbestos that is not fixed
                     or installed; and
                 (c) in relation to asbestos-containing material—
                        (i) the type of asbestos-containing
                            material; and
                       (ii) whether the asbestos-containing
                            material is friable or non-friable; and
                       (iii) the condition of the asbestos-containing
                             material; and
                       (iv) whether the asbestos-containing
                            material is likely to sustain damage or
                            deterioration; and
                 (d) so far as is possible, any activities likely to
                     be carried out in the workplace that are, in
                     view of their nature or design, likely to
                     damage or disturb any asbestos in the
                     workplace.
                Note
                Act compliance—sections 21, 23 and 26 (see
                regulation 1.1.7).
            (5) In relation to inaccessible areas that are likely to
                contain asbestos, the employer must comply with
                subregulations (4)(a) and (4)(b) so far as is
                possible.
            (6) In relation to asbestos that is identified under
                subregulation (1)(b), the employer must ensure
                that—




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             (a) the presence and location of the asbestos are
                 clearly indicated; and
             (b) if reasonably practicable, the indication is by
                 labelling.
            Note
            Act compliance—sections 21, 23 and 26 (see
            regulation 1.1.7).
4.3.28 Information about risks to be given to person who
       manages or controls workplace
            If the employer identifies a risk associated with
            the presence of fixed or installed asbestos under
            the control or management of the person who
            manages or controls the workplace that may occur
            as a result of an activity carried out by the
            employer, the employer must inform the person
            who manages or controls the workplace of the
            risk.
            Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.
4.3.29 Employer's asbestos register
        (1) An employer must record in an employer's
            asbestos register, in accordance with
            subregulation (2), the results of any identification
            of asbestos conducted by the employer under
            regulation 4.3.27.
            Note
            Act compliance—sections 21 and 23 (see regulation 1.1.7).
        (2) The employer's asbestos register must contain—
             (a) information in relation to the matters
                 determined under regulation 4.3.27(4);
             (b) details of inaccessible areas that are likely to
                 contain asbestos;
             (c) the date when the identification is made;



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                            (d) a copy of any asbestos register obtained
                                under regulation 4.3.27(1)(a);
                            (e) information in relation to any activity carried
                                out by the employer that could give rise to a
                                risk.
            4.3.30 Employer's asbestos register to be kept current
                    (1) An employer must revise the employer's asbestos
                        register to keep it current and include any changes
                        in the condition of the asbestos and any removal,
                        enclosure or sealing of asbestos.
                        Note
                        Act compliance—sections 21 and 23 (see regulation 1.1.7).
                    (2) If the health and safety representative for an
                        affected designated work group so requests, on
                        reasonable grounds, the employer must review
                        and, if necessary, revise the employer's asbestos
                        register.
                        Note
                        Act compliance—sections 21 and 23 (see regulation 1.1.7).
                    (3) Without limiting subregulations (1) and (2), the
                        employer must ensure that the employer's asbestos
                        register is reviewed and, if necessary, revised at
                        least every 5 years.
                        Notes
                        1      Act compliance—sections 21 and 23 (see
                               regulation 1.1.7).
                        2      See also the obligation to review and revise the
                               employer's asbestos register under regulation 4.3.36.
            4.3.31 Access to employer's asbestos register
                        An employer must—
                            (a) ensure that a copy of the employer's asbestos
                                register is readily accessible to any employee
                                of the employer; and




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             (b) provide a copy of the employer's asbestos
                 register to—
                    (i) the health and safety representative of
                        an affected designated work group;
                   (ii) an asbestos licence holder who has
                        been engaged to do asbestos removal
                        work;
                   (iii) a person who is required to obtain a
                         copy under regulation 4.3.103, and who
                         requests a copy; and
             (c) inform any person engaged to do work at the
                 employer's workplace that involves the risk
                 of exposure to airborne asbestos fibres of the
                 employer's asbestos register and provide
                 access to that register; and
             (d) if requested, provide access to the employer's
                 asbestos register to any other person engaged
                 to do work by the employer.
            Penalty: 60 penalty units for a natural person;
                         300 penalty units for a body corporate.
            Note
            Paragraph (d) would include giving access to a designer
            engaged by the employer.
4.3.32 Control of risk
        (1) This regulation applies in respect of asbestos of
            which an employer has management and control.
        (2) The employer must ensure that any risk associated
            with the presence of asbestos is eliminated, so far
            as is reasonably practicable, by removing the
            asbestos-containing material.
            Note
            Act compliance—sections 21 and 23 (see regulation 1.1.7).




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                   (3) If it is not reasonably practicable to remove the
                       asbestos-containing material, the employer must
                       enclose the material to reduce, so far as is
                       reasonably practicable, any risk associated with
                       the presence of asbestos.
                       Note
                       Act compliance—sections 21 and 23 (see regulation 1.1.7).
                   (4) If the employer has enclosed the asbestos-
                       containing material so far as is reasonably
                       practicable and a risk remains, the employer must
                       seal the material to reduce, so far as is reasonably
                       practicable, any risk associated with the presence
                       of asbestos.
                       Note
                       Act compliance—sections 21 and 23 (see regulation 1.1.7).
            4.3.33 Review of risk control measures
                   (1) An employer must ensure that any measures
                       implemented to control risks associated with the
                       presence of asbestos are reviewed and, if
                       necessary, revised—
                         (a) before any change is made to the workplace
                             or a building, structure, ship or plant at the
                             workplace or a system of work that is likely
                             to disturb or damage any asbestos; or
                         (b) after any incident occurs to which Part 5 of
                             the Act applies that is associated with the
                             presence of asbestos; or
                         (c) if, for any other reason, the risk control
                             measures do not adequately control the risks;
                             or
                         (d) after receiving a request from a health and
                             safety representative.
                       Note
                       Act compliance—sections 21 and 23 (see regulation 1.1.7).




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         (2) A health and safety representative may make a
             request under subregulation (1)(d) if the health
             and safety representative believes on reasonable
             grounds that—
              (a) any of the circumstances referred to in
                  subregulations (1)(a) to (1)(c) exists; or
              (b) the employer has failed—
                     (i) to properly review risk control
                         measures; or
                     (ii) to take account of any of the
                          circumstances in subregulations (1)(a)
                          to (1)(c) in conducting a review of, or
                          revising, the risk control measures.

Division 6—Demolition and refurbishment where asbestos is
                        present

 4.3.34 Application of Division
         (1) This Division applies to the carrying out of
             demolition or refurbishment on a building,
             structure, ship or plant where asbestos is fixed or
             installed.
         (2) In this Division, demolition and refurbishment do
             not include minor or routine maintenance work or
             other work of a minor nature.
         (3) In this Division a reference to plant is a reference
             to plant that generally forms part of a structure.
             Example
             A lift, boiler, air-conditioning plant or plant room.
         (4) For the purposes of this Division, an emergency
             exists if a building or structure is structurally
             unsound or in danger of imminent collapse as
             determined—




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                         (a) by an emergency order issued under the
                             Building Act 1993; or
                         (b) in a report by a structural engineer.
            4.3.35 Review of asbestos register
                    (1) Before demolition or refurbishment work
                        commences at a workplace, the person who
                        manages or controls the workplace must—
                         (a) review the asbestos register; and
                         (b) revise the asbestos register if it is inadequate
                             having regard to the proposed demolition or
                             refurbishment work.
                        Example
                        The asbestos register may be inadequate if it identifies areas
                        that are inaccessible that are likely to contain asbestos and
                        those areas will be accessible as a result of demolition or
                        refurbishment work.
                        Note
                        Act compliance—section 26 (see regulation 1.1.7).
                    (2) The person who manages or controls a workplace
                        must provide the employer or self-employed
                        person who is to perform demolition or
                        refurbishment work at the workplace with a copy
                        of the asbestos register, including any revisions
                        made under this regulation.
                        Note
                        Act compliance—section 26 (see regulation 1.1.7).
            4.3.36 Review of employer's asbestos register
                    (1) Before demolition or refurbishment work
                        commences on plant of which an employer has
                        management or control, the employer must—
                         (a) review the employer's asbestos register; and




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             (b) revise the employer's asbestos register if it is
                 inadequate having regard to the proposed
                 demolition or refurbishment work.
            Example
            The employer's asbestos register may be inadequate if it
            identifies areas that are inaccessible that are likely to contain
            asbestos and those areas will become accessible as a result
            of the demolition or refurbishment work.
            Note
            Act compliance—section 21 (see regulation 1.1.7).
        (2) The employer must provide the employer or self-
            employed person who is to perform the demolition
            or refurbishment work with a copy of the
            employer's asbestos register, including any
            revisions made under this regulation.
            Note
            Act compliance—section 21 (see regulation 1.1.7).
4.3.37 Copies of asbestos registers to be obtained
        (1) This regulation applies if an employer or self-
            employed person is performing demolition or
            refurbishment work in relation to a building,
            structure, ship or plant in a workplace.
        (2) The employer or self-employed person must
            obtain from the person who has management or
            control of the workplace, a copy of the asbestos
            register, including any revisions made under
            regulation 4.3.35.
            Note
            Act compliance—sections 21 and 24 (see regulation 1.1.7).




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                   (3) The employer or self-employed person must
                       obtain from an employer who has management or
                       control of plant in relation to which the demolition
                       or refurbishment work is to be performed, a copy
                       of the employer's asbestos register, including any
                       revisions made under regulation 4.3.36.
                       Note
                       Act compliance—sections 21 and 24 (see regulation 1.1.7).
            4.3.38 Determination of presence of asbestos
                   (1) This regulation applies if there is no asbestos
                       register or employer's asbestos register in respect
                       of a workplace or plant in relation to which
                       demolition or refurbishment work is to be
                       performed.
                   (2) The employer or self-employed person performing
                       the demolition or refurbishment work must not
                       commence that work until that employer or self-
                       employed person has determined whether asbestos
                       is fixed to or installed in the building, structure,
                       ship or plant to be demolished or refurbished.
                       Note
                       Act compliance—sections 21, 23 and 24 (see
                       regulation 1.1.7).
                   (3) If there is uncertainty (based on reasonable
                       grounds) as to whether asbestos is fixed to or
                       installed in a building, structure, ship or plant to
                       be demolished or refurbished, or if there are
                       inaccessible areas that are likely to contain
                       asbestos that is fixed or installed, the employer or
                       self-employed person performing the demolition
                       or refurbishment work must—
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             (b) arrange for analysis of a sample to be
                 undertaken.
            Note
            Act compliance—sections 21, 23 and 24 (see
            regulation 1.1.7).
        (4) If asbestos is assumed to be present under
            subregulation (3), it is taken to be identified for
            the purposes of this Part.
        (5) If the employer or self-employed person
            performing demolition or refurbishment work has
            determined under subregulation (2) or
            subregulation (3) that asbestos is fixed to or
            installed in a building, structure, ship or plant to
            be demolished or refurbished, the employer or
            self-employed person must—
             (a) inform the person who has management or
                 control of the workplace that asbestos is
                 fixed to or installed in the building, structure
                 ship or plant; and
             (b) in the case of plant under the management or
                 control of an employer at the workplace,
                 inform the employer that asbestos is fixed to
                 or installed in the plant.
            Note
            Act compliance—sections 21, 23 and 24 (see
            regulation 1.1.7).
4.3.39 Identification and removal of asbestos before
       demolition
        (1) A person who manages or controls a workplace or
            plant that forms part of a workplace must—
             (a) identify asbestos under that person's
                 management or control that is likely to be
                 disturbed by proposed demolition work; and




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                 (b) ensure, so far as is reasonably practicable,
                     that the asbestos is removed before the
                     demolition work is commenced.
                Note
                Act compliance—section 26 (see regulation 1.1.7).
            (2) Subregulation (1)(b) does not prevent the
                demolition of parts of a building, structure, ship or
                plant in order to gain access to the asbestos.
                Example
                Part of a wall may be demolished to gain access to asbestos
                in a riser shaft.
            (3) Subregulation (1) does not apply—
                 (a) in an emergency; or
                 (b) to domestic premises.
                Note
                See regulation 4.3.34 for meaning of emergency.
            (4) An employer or self-employed person performing
                demolition work on domestic premises must—
                 (a) identify asbestos under that person's
                     management or control that is likely to be
                     disturbed by proposed demolition work; and
                 (b) ensure, so far as is reasonably practicable,
                     that the asbestos is removed before the
                     demolition work is commenced.
                Note
                Act compliance—sections 21, 23 and 24 (see
                regulation 1.1.7).
            (5) Subregulation (4)(b) does not prevent the
                demolition of part of domestic premises in order
                to gain access to the asbestos.




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4.3.40 Identification and removal of asbestos before
       refurbishment
        (1) A person who manages or controls a workplace or
            plant at a workplace must—
              (a) identify asbestos under the person's
                  management or control that is likely to be
                  disturbed by the proposed refurbishment
                  work; and
              (b) ensure, so far as is reasonably practicable,
                  that the asbestos is removed.
            Note
            Act compliance—section 26 (see regulation 1.1.7).
        (2) Subregulation (1) does not apply to domestic
            premises.
        (3) An employer or self-employed person performing
            refurbishment work on domestic premises must—
              (a) identify asbestos that is likely to be disturbed
                  by the proposed refurbishment work; and
              (b) ensure, so far as is reasonably practicable,
                  that the asbestos is removed.
            Note
            Act compliance—sections 21, 23 and 24 (see
            regulation 1.1.7).
4.3.41 Requirements for asbestos removal work
        (1) A person who manages or controls a workplace or
            plant at a workplace must ensure that asbestos
            removal work is performed—
              (a) by an asbestos licence holder; or




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                        (b) by a person who is permitted under
                            regulation 4.3.45 to perform the asbestos
                            removal work.
                       Penalty: 100 penalty units for a natural person;
                                   500 penalty units for a body corporate.
                   (2) Subregulation (1) does not apply to domestic
                       premises.
                   (3) An employer or self-employed person performing
                       demolition or refurbishment work on domestic
                       premises must ensure that asbestos removal work
                       is performed—
                        (a) by an asbestos licence holder; or
                        (b) by a person who is permitted under
                            regulation 4.3.45 to perform the asbestos
                            removal work.
                       Penalty: 100 penalty units for a natural person;
                                   500 penalty units for a body corporate.
                       Note
                       An asbestos licence holder must perform asbestos removal
                       work in accordance with Division 7. A person permitted
                       under regulation 4.3.45 must perform asbestos removal
                       work in accordance with Subdivision 2 of Division 7.
            4.3.42 Emergency procedures
                   (1) If an emergency occurs at a workplace where
                       there was fixed or installed asbestos in a building,
                       structure, ship or plant immediately before the
                       emergency occurred, the person who manages or
                       controls the workplace must—
                        (a) consider the asbestos register; and




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        (b) before demolition occurs, document a
            procedure that will, so far as is reasonably
            practicable, reduce the risk of exposure of
            employees and persons in the vicinity of the
            demolition site to asbestos to below the
            asbestos exposure standard.
    Notes
    1      Act compliance—sections 21, 23 and 26 (see
           regulation 1.1.7).
    2      See regulation 4.3.34 for meaning of emergency.
(2) Subregulation (1) does not apply in the case of
    domestic premises.
(3) A person engaged for the purpose of asbestos
    removal work as part of an emergency must
    comply, so far as is reasonably practicable, with
    Division 7.
    Notes
    1      Act compliance—sections 21, 23 and 24 (see
           regulation 1.1.7).
    2      A person engaged under this subregulation must hold
           an asbestos removal licence that permits the person to
           remove the asbestos or be employed by a person who
           holds such a licence (see regulation 4.3.7) or be
           permitted to remove the asbestos under
           regulation 4.3.45.
(4) If an emergency occurs at domestic premises, an
    employer or self-employed person performing
    demolition work must, before demolition,
    document a procedure that will, so far as is
    reasonably practicable, reduce the risk of exposure
    of employees and persons in the vicinity of the
    demolition site to asbestos to below the asbestos
    exposure standard.
    Note
    Act compliance—sections 21, 23 and 24 (see
    regulation 1.1.7).




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            4.3.43 Notice to Authority
                    (1) The person who manages or controls a workplace
                        referred to in regulation 4.3.42(1) must notify the
                        Authority, in writing, of the person's contact
                        details and of the location of the emergency
                        immediately after the emergency is known to that
                        person and before the commencement of
                        demolition.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
                    (2) An employer or self-employed person performing
                        demolition work on domestic premises must
                        notify the Authority in writing of the person's
                        contact details and of the location of the
                        emergency immediately after the emergency is
                        known to that person and before the
                        commencement of demolition.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.

                         Division 7—Removal of asbestos

                              Subdivision 1—General

            4.3.44 Application of Division
                    (1) This Division applies to asbestos removal work.
                    (2) This Division does not apply if Division 8 applies.
                    (3) In relation to duties imposed on asbestos licence
                        holders under this Division, a reference to an
                        employee in such a provision applies only if the
                        asbestos licence holder is an employer.




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       (4) This Division applies in relation to domestic
           premises that become a workplace due to asbestos
           removal work being performed.
           Note
           See regulation 4.3.42 for the application of this Division in
           an emergency under Division 6.

     Subdivision 2—Limited asbestos removal work

4.3.45 Limited asbestos removal work without licence
       permitted
           An employer or self-employed person may
           perform asbestos removal work in accordance
           with this Subdivision in relation to non-friable
           asbestos-containing material if—
             (a) the area of asbestos-containing material to be
                 removed does not exceed 10 square metres in
                 total; and
             (b) the total time over which asbestos removal
                 work is performed in any period of 7 days
                 does not exceed 1 hour.
4.3.46 Training record
           An employer performing asbestos removal work
           must—
             (a) make a record of the training undertaken by
                 each person engaged in the asbestos removal
                 work; and
             (b) retain that record while that work is being
                 performed.
           Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.




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            4.3.47 Self-employed persons performing asbestos removal
                   work to have appropriate training
                   (1) A self-employed person must not perform
                       asbestos removal work unless he or she is
                       informed, instructed and trained to perform his or
                       her work in a manner that does not, so far as is
                       reasonably practicable, expose other persons to
                       risks to health and safety arising from that
                       asbestos removal work.
                       Note
                       Act compliance—section 24 (see regulation 1.1.7).
                   (2) A self-employed person performing asbestos
                       removal work must make a record of his or her
                       training referred to in subregulation (1) and retain
                       that record while the person is engaged in asbestos
                       removal work.
                       Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
            4.3.48 Asbestos register must be obtained
                   (1) Before performing asbestos removal work under
                       this Subdivision, an employer or self-employed
                       person must obtain a copy of the asbestos register
                       or the employer's asbestos register.
                       Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
                   (2) This regulation does not apply if the asbestos
                       removal work will be performed at domestic
                       premises.




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4.3.49 Provision of information about proposed asbestos
       removal work
       (1) This regulation applies if an employer or self-
           employed person is commissioned to perform
           work for a person and plans to remove asbestos
           that is permitted under regulation 4.3.45 to be
           removed.
       (2) The employer or self-employed person must
           inform the person who commissioned the work
           that asbestos removal work will be performed
           before the commissioned work commences.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
       (3) A person who has been informed of the proposed
           asbestos removal work under subregulation (2)
           must notify employers in the immediate and
           adjacent areas to where the proposed removal
           work will take place of the proposed removal
           work before that removal work commences.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
       (4) An employer who has been notified of the
           proposed asbestos removal work in accordance
           with subregulation (3) must inform employees in
           the immediate and adjacent areas of the proposed
           removal work before the removal work
           commences.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.




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            4.3.50 Protective clothing and protective equipment
                       An employer must ensure that—
                           (a) persons performing asbestos removal work
                               are provided with—
                                (i) appropriate personal protective clothing
                                    that is suitable for the removal work
                                    being performed; and
                               (ii) appropriate respiratory protective
                                    equipment that is suitable for the
                                    removal work being performed; and
                           (b) the clothing and equipment provided under
                               paragraph (a) are correctly fitted.
                       Penalty: 100 penalty units for a natural person;
                                   500 penalty units for a body corporate.
            4.3.51 Signs
                       An employer or self-employed person performing
                       asbestos removal work must ensure that
                       appropriately placed signs are used to indicate the
                       area where the removal work is being performed.
                       Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
            4.3.52 Decontamination facilities and non removal of
                   personal protective clothing or equipment
                   (1) An employer or self-employed person performing
                       asbestos removal work must provide such
                       facilities for decontamination of the work area,
                       tools and equipment and personal
                       decontamination for the duration of the removal
                       work as are suitable for the removal work being
                       performed.
                       Penalty: 100 penalty units for a natural person;
                                   500 penalty units for a body corporate.



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        (2) An employer or self-employed person performing
            asbestos removal work must ensure that a person
            does not remove personal protective clothing or
            personal protective equipment that is likely to be
            contaminated with asbestos from the area where
            the removal work is being performed unless the
            clothing or equipment is decontaminated or
            contained before the removal.
            Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.
4.3.53 Decontamination of equipment
            An employer or self-employed person performing
            asbestos removal work must ensure that any
            equipment (other than personal protective
            equipment) that is used for removal work and that
            is likely to be contaminated is—
             (a) decontaminated before removal from the
                 area where the removal work is performed;
                 or
             (b) placed in a sealed container, the exterior of
                 which is decontaminated before the container
                 is removed from the area where the removal
                 work is performed.
            Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.
4.3.54 Elimination of airborne asbestos fibres
            An employer or self-employed person performing
            asbestos removal work must ensure that removal
            work is performed in a manner that eliminates the
            release of airborne asbestos fibres so far as is
            reasonably practicable.
            Note
            Act compliance—sections 21, 23 and 24 (see
            regulation 1.1.7).




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            4.3.55 Waste containment
                       An employer or self-employed person who is
                       performing asbestos removal work must ensure
                       that—
                           (a) the asbestos waste is contained so as to
                               eliminate the release of airborne asbestos
                               fibres; and
                           (b) the exterior of the container—
                                 (i) is decontaminated before being
                                     removed from the area where the
                                     removal work is performed; and
                                (ii) indicates the presence of asbestos.
                       Note
                       Act compliance—sections 21, 23 and 24 (see
                       regulation 1.1.7).
            4.3.56 Disposal of asbestos waste
                       An employer or self-employed person performing
                       asbestos removal work must ensure that asbestos
                       waste is—
                           (a) disposed of as soon as is reasonably
                               practicable; and
                           (b) disposed of in an appropriate manner that
                               eliminates the release of airborne asbestos
                               fibres; and
                           (c) disposed of at a waste disposal site licensed
                               by the Environment Protection Authority.
                       Notes
                       1      Act compliance—sections 21, 23 and 24 (see
                              regulation 1.1.7).
                       2      The Environment Protection Authority controls the
                              transportation of asbestos waste of industrial origin.
                              Owners of vehicles that transport industrial-sourced
                              asbestos waste may need to hold a waste transport
                              permit.




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4.3.57 Laundering of clothing contaminated with asbestos
       (1) An employer or self-employed person performing
           asbestos removal work must provide for the
           laundering of personal protective clothing that is
           likely to be contaminated with asbestos and that is
           not contained and disposed of in accordance with
           regulations 4.3.55 and 4.3.56.
           Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.
       (2) If an employer or self-employed person
           performing asbestos removal work arranges for
           personal protective clothing that is likely to be
           contaminated with asbestos to be laundered at a
           commercial laundry, the employer or person must
           ensure that—
             (a) the clothing is contained so as to eliminate
                 the release of airborne asbestos fibres; and
             (b) the exterior of the container—
                   (i) is decontaminated before being
                       removed from the area where the
                       removal work is performed; and
                   (ii) indicates the presence of asbestos
                        before the clothing is transferred to the
                        laundry.
           Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.




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            4.3.58 Medical examinations
                   (1) An employer performing asbestos removal work
                       must arrange for appropriate medical
                       examinations to be conducted by a registered
                       medical practitioner for each employee engaged in
                       ongoing asbestos removal work if there is a risk of
                       exposure to airborne asbestos fibres above one
                       half of the asbestos exposure standard.
                       Note
                       Act compliance—section 22(1) (see regulation 1.1.7).
                   (2) Respiratory protective equipment must not be
                       considered in establishing whether there is a risk
                       of exposure to airborne asbestos fibres above one
                       half of the exposure standard.
                   (3) The purpose of the medical examination is to
                       monitor the employee's health for the purpose of
                       identifying changes in the employee's health status
                       due to occupational exposure to asbestos.
                   (4) The employer must ensure that medical
                       examinations are provided—
                        (a) before the employee commences asbestos
                            removal work for the first time for that
                            employer unless the employee has had an
                            appropriate medical examination within the
                            preceding 2 years; and
                        (b) at intervals of not more than 2 years; and
                        (c) within 30 days after the employee has ceased
                            asbestos removal work unless the employee
                            has had an appropriate medical examination
                            within the preceding year.
                       Note
                       Act compliance—section 22(1) (see regulation 1.1.7).




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        (5) In this regulation the duties of an employer in
            relation to medical examinations extend to an
            independent contractor.
            Note
            Act compliance—section 23 (see regulation 1.1.7).
4.3.59 Notice of medical practitioner
            An employer must notify the Authority in writing
            within 7 days of the name and contact details of
            the registered medical practitioner the employer
            has engaged to undertake medical examinations in
            accordance with regulation 4.3.58.
            Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.
4.3.60 Results of medical examinations
        (1) An employer must ensure that a summary of
            results of a medical examination of a person
            carried out as required by regulation 4.3.58
            indicating whether an asbestos-related disease
            exists and the fitness of the person to engage in
            asbestos removal work is provided to the
            employer by the registered medical practitioner.
            Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.
        (2) The employer must retain a copy of the summary
            of results obtained under this regulation for—
             (a) a period (not exceeding 30 years) determined
                 by the Authority; or
             (b) if no period has been determined by the
                 Authority, 30 years.
            Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.




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                Subdivision 3—Licensed asbestos removal work

            4.3.61 Person not to perform asbestos removal work unless
                   licensed
                   (1) A person must not perform asbestos removal work
                       at a workplace, other than asbestos removal work
                       permitted under Subdivision 2, unless that
                       person—
                         (a) is an asbestos licence holder; or
                         (b) is an employee of an asbestos licence holder.
                       Note
                       See section 40(4) of the Act.
                   (2) A person must not perform asbestos removal work
                       of friable asbestos or within a negative air
                       enclosure at a workplace unless that person—
                         (a) is the holder of a Class A asbestos removal
                             licence; or
                         (b) is an employee of the holder of a Class A
                             asbestos removal licence.
                       Note
                       See section 40(4) of the Act.
            4.3.62 Appointment of asbestos removal supervisors
                   (1) Subject to subregulation (2), an asbestos licence
                       holder must appoint a person as an asbestos
                       removal supervisor if the asbestos licence holder
                       has nominated that person as a supervisor under
                       regulation 6.1.13(1)(b).
                       Penalty: 100 penalty units for a natural person;
                                   500 penalty units for a body corporate.




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        (2) An asbestos licence holder must not appoint a
            person as an asbestos removal supervisor if the
            Authority has not accepted the nomination of that
            supervisor under Part 6.1 (Licences).
            Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.
4.3.63 Asbestos removal supervisor to be accessible
            An asbestos licence holder must ensure that the
            asbestos removal supervisors appointed to
            supervise the removal of non-friable asbestos-
            containing material are readily accessible to the
            persons performing the asbestos removal work at
            all times when that work is being performed.
            Note
            Act compliance—sections 21, 23 and 24 (see
            regulation 1.1.7).
4.3.64 Information to job applicants
            An asbestos licence holder must provide each
            applicant who applies for employment with the
            licence holder to perform asbestos removal work
            with information about—
             (a) the health effects and risks associated with
                 exposure to airborne asbestos fibres; and
             (b) the need for, and details of, medical
                 examinations required under this
                 Subdivision.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.




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            4.3.65 Persons performing asbestos removal work to be
                   trained
                        An asbestos licence holder must ensure that a
                        person does not perform asbestos removal work
                        for the licence holder unless the person is
                        informed, instructed and trained to perform that
                        work in a manner that is safe and without risks to
                        health and in particular in relation to—
                         (a) the nature of the hazard, the risks and the
                             health effects associated with exposure to
                             airborne asbestos fibres; and
                         (b) the need for, and proper use of, measures to
                             control the risks including the maintenance,
                             cleaning and storage of personal protective
                             clothing and personal protective equipment.
                        Note
                        Act compliance—sections 21, 23 and 24 (see
                        regulation 1.1.7).
            4.3.66 Training record to be made
                        An asbestos licence holder performing asbestos
                        removal work must ensure that a record is made of
                        the training undertaken by a person performing
                        the asbestos removal work.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
            4.3.67 Training record to be retained and made available
                        An asbestos licence holder performing asbestos
                        work must ensure that the record of training made
                        under regulation 4.3.66 is—
                         (a) retained while the person performs asbestos
                             removal work for the asbestos licence
                             holder; and




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             (b) readily available where the asbestos removal
                 work is being performed.
            Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
4.3.68 Asbestos register to be obtained
        (1) An asbestos licence holder must ensure that a
            copy of the asbestos register or the employer's
            asbestos register is obtained from the person who
            commissioned the asbestos removal work.
            Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
        (2) This regulation does not apply if the asbestos
            removal work will be performed at domestic
            premises.
4.3.69 Asbestos control plan
        (1) Before commencing asbestos removal work, an
            asbestos licence holder must prepare an asbestos
            control plan in accordance with this regulation.
            Note
            Act compliance—sections 21, 23 and 24 (see
            regulation 1.1.7).
        (2) An asbestos control plan must—
             (a) have regard to any asbestos register or any
                 employer's asbestos register obtained under
                 this Part; and
             (b) include information on the items listed in
                 Schedule 7.
        (3) Subregulation (2)(a) does not apply if the asbestos
            removal work will be performed at a domestic
            premises.




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            4.3.70 Asbestos control plan to be made available and
                   accessible
                    (1) An asbestos licence holder must provide a copy of
                        the asbestos control plan prepared under
                        regulation 4.3.69 to the person who commissioned
                        the asbestos removal work.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
                    (2) The asbestos licence holder must ensure that a
                        copy of the asbestos control plan is readily
                        accessible for the duration of the asbestos removal
                        work—
                         (a) to employees at the workplace, including the
                             health and safety representative of any
                             affected designated work group;
                         (b) to an employer at the workplace;
                         (c) to any person engaged to do work at the
                             workplace;
                         (d) for inspection under the Act, if required.
                        Penalty: 5 penalty units for a natural person;
                                   25 penalty units for a body corporate.
            4.3.71 Elimination of airborne asbestos fibres
                        An asbestos licence holder performing asbestos
                        removal work must ensure that the asbestos
                        removal work is performed in a manner that, so
                        far as is reasonably practicable—
                         (a) eliminates the release of airborne asbestos
                             fibres; and
                         (b) prevents the contamination of areas adjacent
                             to the asbestos removal area.
                        Note
                        Act compliance—sections 21, 23 and 24 (see
                        regulation 1.1.7).



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4.3.72 Requirements in respect of airborne asbestos fibres
        (1) This regulation applies if—
             (a) an asbestos licence holder is performing
                 asbestos removal work; and
             (b) asbestos paraoccupational air monitoring is
                 being conducted to establish whether
                 airborne asbestos fibres are being released
                 from the area where the asbestos removal
                 work is being performed.
        (2) The asbestos licence holder must comply with
            subregulation (4) if airborne asbestos fibre levels
            in excess of 0·01 f/ml but not in excess of
            0·05 f/ml are recorded.
            Note
            Act compliance—sections 21, 23 and 24 (see
            regulation 1.1.7).
        (3) If airborne asbestos fibre levels in excess of
            0·05 f/ml are recorded, the asbestos licence holder
            must immediately—
             (a) order the asbestos removal work to stop; and
             (b) notify the Authority; and
             (c) comply with subregulation (4).
            Note
            Act compliance—sections 21, 23 and 24 (see
            regulation 1.1.7).
        (4) The asbestos licence holder must immediately—
             (a) investigate the cause of the high levels of
                 airborne asbestos fibres; and
             (b) implement controls to—
                   (i) prevent exposure of any person to
                       airborne asbestos fibres; and
                   (ii) prevent further release of airborne
                        asbestos fibres.


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                    (5) If an asbestos licence holder has stopped the
                        asbestos removal work due to airborne asbestos
                        fibre levels in excess of 0·05 f/ml being recorded,
                        the licence holder must ensure that the asbestos
                        removal work does not recommence until asbestos
                        paraoccupational air monitoring indicates the
                        level of airborne asbestos fibres is at or below
                        0·01 f/ml.
                        Note
                        Act compliance—section 22(1) (see regulation 1.1.7).
            4.3.73 Protective clothing and protective equipment for
                   employees
                        The asbestos licence holder must—
                         (a) provide employees with—
                                (i) appropriate personal protective clothing
                                    that is suitable for the asbestos removal
                                    work being performed; and
                               (ii) appropriate respiratory protective
                                    equipment that is suitable for the
                                    asbestos removal work being
                                    performed; and
                         (b) ensure that the clothing and equipment
                             provided under paragraph (a) are correctly
                             fitted.
                        Penalty: 100 penalty units for a natural person;
                                    500 penalty units for a body corporate.
            4.3.74 Signs and barricades
                        An asbestos licence holder performing asbestos
                        removal work must ensure that—
                         (a) appropriately placed signs and barricades are
                             used to indicate the area where the removal
                             work is being performed; and




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             (b) access is denied to persons other than—
                   (i) persons performing the asbestos
                       removal work; and
                   (ii) persons engaged in work incidental to
                        the asbestos removal work who require
                        access during that work; and
                       Example
                       Occupational hygienist.
                  (iii) officers or other members of Victoria
                        Police or persons with a statutory right
                        to be present.
            Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.
4.3.75 Decontamination facilities
        (1) An asbestos licence holder performing asbestos
            removal work must provide such facilities for
            decontamination of the work area, tools and
            equipment and personal decontamination for the
            duration of the removal work as are appropriate to
            the removal work being performed.
            Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.
        (2) An asbestos licence holder performing asbestos
            removal work must ensure that a person does not
            remove personal protective clothing or personal
            protective equipment that is likely to be
            contaminated with asbestos from the area where
            the removal work is being performed unless the
            clothing or equipment is decontaminated or
            contained before removal.
            Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.




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                   (3) An asbestos licence holder performing asbestos
                       removal work must ensure that any equipment
                       (other than personal protective equipment) that is
                       used for removal work and that is likely to be
                       contaminated is—
                        (a) decontaminated before removal from the
                            area where the removal work is performed;
                            or
                        (b) placed in a sealed container, the exterior of
                            which is decontaminated before the container
                            is removed from the area where the removal
                            work is performed.
                       Penalty: 100 penalty units for a natural person;
                                  500 penalty units for a body corporate.
            4.3.76 Waste containment
                       An asbestos licence holder who is performing
                       asbestos removal work must ensure that—
                        (a) the asbestos waste is contained so as to
                            eliminate the release of airborne asbestos
                            fibres; and
                        (b) the exterior of the container—
                              (i) is decontaminated before being
                                  removed from the area where the
                                  removal work was performed; and
                              (ii) indicates the presence of asbestos.
                       Note
                       Act compliance—sections 21, 23 and 24 (see
                       regulation 1.1.7).




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4.3.77 Disposal of asbestos waste
            An asbestos licence holder performing asbestos
            removal work must ensure that asbestos waste
            is—
                (a) disposed of as soon as is reasonably
                    practicable; and
                (b) disposed of in an appropriate manner that
                    eliminates the release of airborne asbestos
                    fibres; and
                (c) disposed of at a waste disposal site licensed
                    by the Environment Protection Authority.
            Notes
            1      Act compliance—sections 21, 23 and 24 (see
                   regulation 1.1.7).
            2      The Environment Protection Authority controls the
                   transportation of asbestos waste of industrial origin.
                   Owners of vehicles that transport industrial-sourced
                   asbestos waste must hold a waste transport permit.
4.3.78 Laundering of clothing contaminated with asbestos
        (1) An asbestos licence holder performing asbestos
            removal work must provide for the laundering of
            personal protective clothing that is likely to be
            contaminated with asbestos and that is not
            contained and disposed of in accordance with
            regulations 4.3.76 and 4.3.77.
            Penalty: 100 penalty units for a natural person;
                          500 penalty units for a body corporate.
        (2) If an asbestos licence holder performing asbestos
            removal work arranges for personal protective
            clothing that is likely to be contaminated with
            asbestos to be laundered at a commercial laundry,
            the licence holder must ensure that—
                (a) the clothing is contained so as to eliminate
                    the release of airborne asbestos fibres; and



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                        (b) the exterior of the container—
                               (i) is decontaminated before being
                                   removed from the area where the
                                   removal work is performed; and
                              (ii) indicates the presence of asbestos
                                   before the clothing is transferred to the
                                   laundry.
                       Penalty: 100 penalty units for a natural person;
                                   500 penalty units for a body corporate.
            4.3.79 Medical examinations
                   (1) An asbestos licence holder must arrange for an
                       appropriate medical examination for each
                       employee engaged in asbestos removal work.
                       Note
                       Act compliance—section 22(1) (see regulation 1.1.7).
                   (2) The purpose of the medical examination is to
                       monitor the employee's health for the purpose of
                       identifying changes in the employee's health status
                       due to occupational exposure to asbestos.
                   (3) An asbestos licence holder must ensure that
                       medical examinations are provided—
                        (a) before the employee commences asbestos
                            removal work for the first time for that
                            licence holder unless the employee has had
                            an appropriate medical examination within
                            the preceding year; and
                        (b) at intervals of not more than 2 years; and
                        (c) within 30 days after the employee ceases
                            asbestos removal work unless the employee
                            has had an appropriate medical examination
                            within the preceding year.
                       Note
                       Act compliance—section 22(1) (see regulation 1.1.7).




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        (4) In this regulation the duties of an asbestos licence
            holder who is an employer in relation to medical
            examinations extend to an independent contractor.
            Note
            Act compliance—section 23 (see regulation 1.1.7).
4.3.80 Notice of medical practitioner
            The asbestos licence holder must notify the
            Authority in writing within 7 days of the name
            and contact details of the registered medical
            practitioner the licence holder has engaged to
            undertake medical examinations in accordance
            with regulation 4.3.79.
            Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.
4.3.81 Results of medical examinations
        (1) The asbestos licence holder must ensure that a
            summary of results of a medical examination of a
            person carried out as required by
            regulation 4.3.79, indicating whether an asbestos-
            related disease exists and the fitness of the person
            to engage in asbestos removal work, is provided to
            the asbestos licence holder by the registered
            medical practitioner.
            Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.
        (2) The asbestos licence holder must retain a copy of
            the summary of results obtained under this
            regulation for—
             (a) a period (not exceeding 30 years) determined
                 by the Authority; or




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                         (b) if no period has been determined by the
                             Authority, 30 years.
                        Penalty: 60 penalty units for a natural person;
                                    300 penalty units for a body corporate.

                Subdivision 4—Additional duties—friable material

            4.3.82 Application of Subdivision
                        This Subdivision applies to asbestos removal
                        work involving friable asbestos-containing
                        material.
                        Note
                        A Class A asbestos removal licence is required for this
                        removal work.
            4.3.83 Asbestos removal supervisor to be on-site
                        An asbestos licence holder must ensure that an
                        asbestos removal supervisor appointed in
                        accordance with regulation 4.3.62 to supervise the
                        asbestos removal work is on-site at all times when
                        asbestos removal work is being performed.
                        Note
                        Act compliance—sections 21, 23 and 24 (see
                        regulation 1.1.7).
            4.3.84 Specific measures to control risk
                    (1) An asbestos licence holder must ensure, so far as
                        is reasonably practicable, that the area where the
                        asbestos removal work is performed is enclosed so
                        as to prevent the release of airborne asbestos
                        fibres.
                        Note
                        Act compliance—sections 21, 23 and 24 (see
                        regulation 1.1.7).




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       (2) For the purposes of subregulation (1), an asbestos
           licence holder must, so far as is reasonably
           practicable, ensure that the enclosure is smoke-
           tested by using a smoke generating device to
           detect any leaks or other deficiencies in the
           enclosure before asbestos removal work
           commences.
           Note
           Act compliance—sections 21, 23 and 24 (see
           regulation 1.1.7).
       (3) An asbestos licence holder must ensure that the
           removal work of friable asbestos-containing
           material is performed, so far as is reasonably
           practicable, using a wet method.
           Note
           Act compliance—sections 21, 23 and 24 (see
           regulation 1.1.7).
       (4) For the purposes of subregulation (3), wet method
           means the use of water or another wetting agent to
           soak or totally saturate the asbestos, or the
           spraying of water or another wetting agent on the
           asbestos, but does not include the use of a high
           pressure water jet.
           Note
           Regulation 4.3.9 prohibits the use of certain tools.
4.3.85 Air monitoring required before commencement of
       removal work
           If asbestos paraoccupational air monitoring is
           required under regulation 4.3.91 the asbestos
           licence holder must not commence asbestos
           removal work until that monitoring has
           commenced.
           Note
           Act compliance—section 22(1) (see regulation 1.1.7).




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            4.3.86 Results air monitoring to be readily accessible
                        The asbestos licence holder must ensure that
                        results of asbestos paraoccupational air
                        monitoring are readily accessible to employees at
                        the workplace.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
            4.3.87 Use of glove bags
                    (1) Regulations 4.3.84(2), 4.3.85 and 4.3.91 do not
                        apply if glove bags are being used for removal
                        work.
                    (2) The asbestos licence holder must, in a proper and
                        safe manner, dismantle and dispose of any glove
                        bag used to enclose the area where the asbestos
                        removal work was performed.
                        Penalty: 100 penalty units for a natural person;
                                   500 penalty units for a body corporate.
            4.3.88 Requirements at the end of removal work
                    (1) The asbestos licence holder must not dismantle
                        any structure used to enclose the area where the
                        asbestos removal work was performed until
                        results of any asbestos paraoccupational air
                        monitoring received from the person who
                        commissioned the work in accordance with
                        regulation 4.3.94 show that the airborne asbestos
                        fibre level does not exceed 0·01 f/ml.
                        Note
                        Act compliance—sections 21, 23 and 24 (see
                        regulation 1.1.7).




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        (2) The asbestos licence holder must dismantle any
            structure used to enclose the asbestos removal
            area in a manner that eliminates the release of
            airborne asbestos fibres so far as is reasonably
            practicable.
            Note
            Act compliance—sections 21, 23 and 24 (see
            regulation 1.1.7).

Subdivision 5—Duties of person who commissioned asbestos
                     removal work

4.3.89 Application of Subdivision
        (1) The duties in this Subdivision apply to a person
            who commissions asbestos removal work, other
            than work permitted under regulation 4.3.45.
        (2) In the case of domestic premises, the asbestos
            licence holder is the person who commissions
            asbestos removal work for the purposes of this
            Subdivision.
4.3.90 Employers in immediate and adjacent areas to be
       informed
            A person who commissions asbestos removal
            work must, before the asbestos removal work
            commences, inform all employers in the
            immediate and adjacent areas of the proposed
            removal work.
            Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.




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            4.3.91 Asbestos paraoccupational air monitoring
                    (1) A person who commissions asbestos removal
                        work with respect to friable asbestos-containing
                        material must arrange for asbestos
                        paraoccupational air monitoring to be conducted
                        before the work commences and for the duration
                        of the work if—
                         (a) the asbestos removal work will be performed
                             indoors; or
                         (b) the asbestos removal work will be performed
                             outdoors and will constitute a risk to other
                             persons.
                        Note
                        Act compliance—sections 22(1) and 26 (see
                        regulation 1.1.7).
                    (2) A person who commissions asbestos removal
                        work must arrange for an asbestos
                        paraoccupational air monitoring sample to be
                        analysed as soon as is reasonably possible after it
                        is taken.
                        Note
                        Act compliance—sections 22(1) and 26 (see
                        regulation 1.1.7).
            4.3.92 Results of monitoring to be made available
                    (1) A person who commissions asbestos removal
                        work must provide the results of asbestos
                        paraoccupational air monitoring to the asbestos
                        licence holder as soon as the results are received.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
                    (2) A person who commissions asbestos removal
                        work must ensure that a copy of the results of
                        asbestos paraoccupational air monitoring is
                        accessible to the health and safety representative



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           of any affected designated work group and to any
           affected employees.
           Penalty: 60 penalty units for a natural person;
                      300 penalty units for a body corporate.
4.3.93 Requirements at end of removal work
       (1) This regulation applies to asbestos removal work
           of—
            (a) friable asbestos-containing material; or
            (b) more than 10 square metres of non-friable
                fixed or installed asbestos-containing
                material.
       (2) On completion of the asbestos removal work, the
           person who commissioned the work must arrange
           for a visual inspection by an independent person
           to verify that there is no visible asbestos residue
           remaining as a result of the work in the area where
           the work was performed or in the area
           immediately surrounding the area where the work
           was performed.
           Note
           Act compliance—sections 21, 23, 24 and 26 (see
           regulation 1.1.7).
       (3) On completion of asbestos removal work for
           which asbestos paraoccupational air monitoring
           was required, the person who commissioned the
           work must arrange for asbestos paraoccupational
           air monitoring to be conducted within the
           enclosed area, to verify that the airborne asbestos
           fibre level is less than 0·01 f/ml.
           Note
           Act compliance—sections 22(1) and 26 (see
           regulation 1.1.7).




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            4.3.94 Results of monitoring to go to licence holder
                        The person who commissioned the asbestos
                        removal work must ensure that the results of the
                        inspection and monitoring under regulation 4.3.93
                        are provided to the asbestos licence holder.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
            4.3.95 Independent person to be qualified
                        The person who commissioned the asbestos
                        removal work must ensure that the independent
                        person performing duties under regulation 4.3.93
                        or regulation 4.3.96 has the requisite knowledge,
                        skills and experience to undertake those duties.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
            4.3.96 Clearance certificates
                    (1) This regulation applies to asbestos removal work
                        of—
                         (a) friable asbestos-containing material; or
                         (b) more than 10 square metres of non-friable
                             fixed or installed asbestos-containing
                             material.
                    (2) The person who commissioned the asbestos
                        removal work must obtain a clearance certificate
                        from an independent person before the area where
                        the asbestos removal work was being performed is
                        re-occupied.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.




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       (3) A clearance certificate must state that—
             (a) an inspection by an independent person has
                 found that there is no visible asbestos residue
                 remaining as a result of the asbestos removal
                 work in the area where the asbestos removal
                 work was performed or in the area
                 immediately surrounding the area where the
                 asbestos removal work was performed; and
             (b) if applicable, asbestos paraoccupational air
                 monitoring in the area where the asbestos
                 removal work was performed indicates that
                 the airborne asbestos fibre level is less than
                 0·01 f/ml.

         Subdivision 6—Notification procedures

4.3.97 Notification of asbestos removal work
       (1) Subject to subregulation (5) and regulation
           4.3.98(2), the asbestos licence holder must notify
           the Authority of asbestos removal work in
           accordance with subregulation (2)—
             (a) if the work involves removal of a total area
                 of 10 square metres or less of non-friable
                 asbestos-containing material that is fixed or
                 installed in a building, structure, ship or
                 plant, at least 24 hours before the work
                 commences; or
             (b) in any other case, at least 5 days before the
                 work commences.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
       (2) A notification under subregulation (1) must be in
           writing and include the information in Schedule 8.




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                    (3) Before commencing the asbestos removal work,
                        the asbestos licence holder must give a copy of the
                        notification under subregulation (1) to the person
                        who commissioned the work.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
                    (4) An asbestos licence holder may proceed with the
                        asbestos removal work despite notifying the
                        Authority of a change under regulation 7.1.3.
                    (5) The Authority may vary the notification
                        requirements under this regulation by including a
                        specific condition in a licence with respect to
                        notification.
            4.3.98 Notification in an unexpected situation
                    (1) This regulation applies to the following situations
                        (an unexpected situation)—
                         (a) a sudden, unexpected event, including work
                             required by non-routine failures of
                             equipment, that may result in persons being
                             exposed to airborne asbestos fibres; or
                         (b) an unexpected breakdown of an essential
                             service (including gas, water, sewerage,
                             electricity and telecommunications) that
                             requires immediate rectification to enable
                             continuance of that service.
                    (2) In an unexpected situation, the asbestos licence
                        holder must, not later than 24 hours after
                        commencing asbestos removal work, notify the
                        Authority of the removal work in accordance with
                        subregulation (3).
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.




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         (3) A notification under subregulation (2) must be in
             writing and include the information in Schedule 8.
         (4) The Authority may vary the notification
             requirements under this regulation by including a
             specific condition in a licence with respect to the
             notification.

Subdivision 7—Duty of employer at a workplace to inform

 4.3.99 Information to be provided to those in area
             An employer at a workplace must, before asbestos
             removal work commences at the workplace,
             inform employees in the immediate and adjacent
             areas of the workplace of the proposed removal
             work.
             Note
             Act compliance—section 21 (see regulation 1.1.7).

          Division 8—Activities involving asbestos

4.3.100 Application of Division
             This Division applies to the following activities
             (asbestos-related activities) that are carried out at
             a workplace—
              (a) the handling, including for the purpose of
                  removal or transport for disposal, of aircraft
                  and automotive components that are
                  asbestos-containing material or that have
                  asbestos-containing material fixed to them or
                  installed in them;
              (b) the laundering of clothing contaminated with
                  asbestos;
              (c) research involving asbestos;
              (d) sampling or analysis involving suspected
                  asbestos;




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                            (e) the transport of asbestos waste for disposal
                                purposes;
                            (f) working at a site licensed by the
                                Environment Protection Authority to accept
                                asbestos waste;
                            (g) the enclosing or sealing of asbestos;
                            (h) hand drilling and cutting of asbestos-
                                containing material;
                            (i) maintenance of dust extraction equipment,
                                contaminated with asbestos;
                            (j) processing of construction and demolition
                                material in accordance with the method
                                determined by the Authority under regulation
                                4.3.1(b);
                            (k) any other activity (other than asbestos
                                removal work to which Division 7 applies)
                                that is likely to produce airborne asbestos
                                fibres in excess of one half of the asbestos
                                exposure standard;
                            (l) any other activity determined by the
                                Authority for the purposes of this Division.
                          Note
                          The general requirements of Divisions 1 and 2, and the
                          prohibitions in Divisions 3 and 4, also apply to the activities
                          listed in this Division.
             4.3.101 Identification of asbestos-related activities
                          An employer must identify whether an asbestos-
                          related activity is being carried out at the
                          employer's workplace.
                          Note
                          Act compliance—sections 21 and 23 (see regulation 1.1.7).




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4.3.102 Uncertainty as to presence of asbestos
             If there is uncertainty (based on reasonable
             grounds) as to whether an activity is an asbestos-
             related activity, the employer must—
              (a) assume that asbestos is present; or
              (b) arrange for analysis of a sample to be
                  undertaken.
             Note
             Act compliance—sections 21 and 23 (see regulation 1.1.7).
4.3.103 Asbestos register must be obtained
         (1) If any asbestos-related activities set out in
             subregulation (2) are carried out at an employer's
             workplace, the employer must obtain—
              (a) a copy of the asbestos register in relation to
                  the activities; or
              (b) if there are other employers at the workplace
                  where the activities are carried out, a copy of
                  the employer's asbestos register of each of
                  those other employers.
             Note
             Act compliance—sections 21 and 23 (see regulation 1.1.7).
         (2) For the purposes of subregulation (1) the relevant
             asbestos-related activities are—
              (a) activities specified in paragraphs (d), (g) and
                  (h) of regulation 4.3.100;
              (b) activities specified in paragraphs (c), (k)
                  and (l) of regulation 4.3.100, if an asbestos
                  register or employer's asbestos register is
                  available.




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                      (3) This regulation does not apply if the asbestos-
                          related activity will be carried out at a domestic
                          premises and the person who commissioned the
                          activity is the occupier of those premises.
             4.3.104 Elimination of airborne asbestos fibres
                          An employer must ensure that, when carrying out
                          an asbestos-related activity, the activity is carried
                          out in a manner that eliminates so far as is
                          reasonably practicable the release of airborne
                          asbestos fibres.
                          Note
                          Act compliance—sections 21 and 23 (see regulation 1.1.7).
             4.3.105 Specific measures to control risk
                      (1) An employer must ensure that any risk associated
                          with an asbestos-related activity is eliminated so
                          far as is reasonably practicable.
                          Note
                          Act compliance—sections 21 and 23 (see regulation 1.1.7).
                      (2) If it is not reasonably practicable to eliminate a
                          risk associated with an asbestos-related activity,
                          an employer must ensure that the risk is reduced
                          so far as is reasonably practicable by—
                           (a) isolation; or
                           (b) using engineering controls; or
                           (c) combining the risk control measures in
                               paragraphs (a) and (b).
                          Note
                          Act compliance—sections 21 and 23 (see regulation 1.1.7).
                      (3) If an employer has complied with subregulations
                          (1) and (2) so far as is reasonably practicable and
                          a risk associated with an asbestos-related activity
                          remains, the employer must, so far as is




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             reasonably practicable, use administrative controls
             to reduce the risk.
             Note
             Act compliance—sections 21 and 23 (see regulation 1.1.7).
         (4) If an employer has complied with subregulations
             (1), (2) and (3) so far as is reasonably practicable
             and a risk associated with an asbestos-related
             activity remains, the employer must reduce the
             risk by providing personal protective equipment to
             employees at risk.
             Note
             Act compliance—sections 21 and 23 (see regulation 1.1.7).
         (5) If an employer provides personal protective
             equipment under subregulation (4), the employer
             must ensure that—
              (a) the person carrying out the asbestos-related
                  activity is provided with—
                     (i) appropriate personal protective clothing
                         that is suitable for the activity being
                         carried out; and
                    (ii) appropriate respiratory protective
                         equipment that is suitable for the
                         activity being carried out; and
              (b) the clothing and equipment provided under
                  paragraph (a) are correctly fitted.
             Note
             Act compliance—sections 21 and 23 (see regulation 1.1.7).
4.3.106 Review of risk control measures
         (1) An employer must ensure that any measures
             implemented to control a risk associated with an
             asbestos-related activity are reviewed and, if
             necessary, revised—




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                           (a) before any alteration is made to systems of
                               work related to the activity that is likely to
                               result in any increased risk to health or
                               safety; or
                           (b) after any incident occurs to which Part 5 of
                               the Act applies that involves an asbestos-
                               related activity; or
                           (c) if, for any other reason, the risk control
                               measures do not adequately control the risks;
                               or
                           (d) after receiving a request from a health and
                               safety representative.
                         Note
                         Act compliance—sections 21 and 23 (see regulation 1.1.7).
                     (2) A health and safety representative may make a
                         request under subregulation (1)(d) if the health
                         and safety representative believes on reasonable
                         grounds that—
                           (a) any of the circumstances referred to in
                               subregulations (1)(a) to (1)(c) exists; or
                           (b) the employer has failed—
                                 (i) to properly review risk control
                                     measures; or
                                 (ii) to take account of any of the
                                      circumstances in subregulations (1)(a)
                                      to (1)(c) in conducting a review of, or
                                      revising, the risk control measures.
             4.3.107 Work area to be separate and signed
                         An employer must ensure that the work area used
                         for an asbestos-related activity—
                           (a) is kept separate from any other work area;
                               and




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                 (b) so far as is reasonably possible, has
                     appropriately placed signs and barricades
                     that indicate the area where the activity is
                     being carried out.
             Note
             Act compliance—sections 21 and 23 (see regulation 1.1.7).
4.3.108 Work area to be kept clean
         (1) An employer must, so far as is reasonably
             practicable, ensure that the work area used for an
             asbestos-related activity is kept clean.
             Note
             Act compliance—sections 21 and 23 (see regulation 1.1.7).
         (2) An employer must ensure that the methods used to
             clean the work area—
                 (a) do not create a risk to health; and
                 (b) do not have the potential to spread airborne
                     asbestos fibres beyond the work area.
             Notes
             1      Act compliance—sections 21 and 23 (see
                    regulation 1.1.7).
             2      Regulation 4.3.9 prohibits the use of certain tools at a
                    workplace.
4.3.109 Medical examinations
         (1) An employer must arrange for an appropriate
             medical examination to be conducted by a
             registered medical practitioner for each employee
             engaged in ongoing asbestos-related activities if
             there is a risk of exposure to airborne asbestos
             fibres above one half of the asbestos exposure
             standard.
             Note
             Act compliance—section 22(1) (see regulation 1.1.7).




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                     (2) Respiratory protective equipment must not be
                         considered in establishing whether there is a risk
                         of exposure to airborne asbestos fibres above one
                         half of the asbestos exposure standard.
                     (3) The purpose of the medical examination is to
                         monitor the employee's health for the purpose of
                         identifying changes in the employee's health status
                         due to occupational exposure to asbestos.
                     (4) An employer must ensure that atmospheric
                         monitoring at the workplace is provided if there is
                         uncertainty (based on reasonable grounds) as to
                         whether a medical examination may be required
                         under this Division.
                         Note
                         Act compliance—section 22(1) (see regulation 1.1.7).
                     (5) An employer must ensure that medical
                         examinations are provided to an employee—
                           (a) at intervals of not more than 2 years; and
                           (b) within 30 days after the employee has ceased
                               an asbestos-related activity, unless the
                               employee has had a medical examination
                               within the preceding year.
                         Note
                         Act compliance—section 22(1) (see regulation 1.1.7).
                     (6) In this regulation the duties of an employer in
                         relation to medical examinations extend to an
                         independent contractor.
                         Note
                         Act compliance—section 23 (see regulation 1.1.7).
             4.3.110 Results of atmospheric monitoring to be made
                     available
                         An employer must ensure that copies of the results
                         of atmospheric monitoring are accessible to the
                         health and safety representative of any affected


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             designated work group and to the affected
             employees.
             Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.
4.3.111 Notice of medical practitioner
             The employer must notify the Authority in writing
             within 7 days of the name and contact details of
             the registered medical practitioner the employer
             has engaged to undertake medical examinations in
             accordance with regulation 4.3.109.
             Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.
4.3.112 Results of medical examination
         (1) An employer must ensure that a summary of
             results of a medical examination indicating
             whether an asbestos-related disease exists and the
             employee's fitness for asbestos-related activities,
             is provided to the employer by the registered
             medical practitioner.
             Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.
         (2) The employer must retain a copy of the summary
             of results obtained under subregulation (1) for—
              (a) a period (not exceeding 30 years) determined
                  by the Authority; or
              (b) if no period has been determined by the
                  Authority, 30 years.
             Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.




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             4.3.113 Decontamination facilities
                      (1) An employer carrying out an asbestos-related
                          activity must ensure that a person does not remove
                          personal protective clothing or personal protective
                          equipment that is likely to be contaminated with
                          asbestos from the work area used for the asbestos-
                          related activity unless the clothing or equipment is
                          decontaminated or contained before its removal.
                          Penalty: 100 penalty units for a natural person;
                                     500 penalty units for a body corporate.
                      (2) An employer carrying out an asbestos-related
                          activity must ensure that any equipment (other
                          than personal protective equipment) that is used
                          for the asbestos-related activity and that is likely
                          to be contaminated with asbestos is—
                           (a) decontaminated before removal from the
                               work area used for the asbestos-related
                               activity; or
                           (b) placed in a sealed container, the exterior of
                               which is decontaminated before the container
                               is removed from the work area used for the
                               asbestos-related activity.
                          Penalty: 100 penalty units for a natural person;
                                     500 penalty units for a body corporate.
             4.3.114 Waste containment
                          An employer carrying out an asbestos-related
                          activity must ensure that—
                           (a) any asbestos derived from or associated with
                               the activity, and that is no longer required in
                               connection with the activity, is contained so
                               as to eliminate the release of airborne
                               asbestos fibres; and




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                 (b) the exterior of the container—
                       (i) is decontaminated before being
                           removed from the work area used for
                           the activity; and
                      (ii) indicates the presence of asbestos.
             Note
             Act compliance—sections 21 and 23 (see regulation 1.1.7).
4.3.115 Disposal of asbestos waste
             An employer carrying out an asbestos-related
             activity must ensure that asbestos waste is—
                 (a) disposed of as soon as is reasonably
                     practicable; and
                 (b) disposed of in an appropriate manner that
                     eliminates the release of airborne asbestos
                     fibres; and
                 (c) disposed of at a waste disposal site licensed
                     by the Environment Protection Authority.
             Notes
             1      Act compliance—sections 21 and 23 (see
                    regulation 1.1.7).
             2      The Environment Protection Authority controls the
                    transportation of asbestos waste of industrial origin.
                    Owners of vehicles that transport industrial-sourced
                    asbestos waste must hold a waste transport permit.
4.3.116 Laundering of clothing contaminated with asbestos
         (1) An employer carrying out an asbestos-related
             activity must provide for the laundering of
             personal protective clothing that is used for an
             asbestos-related activity and that is likely to be
             contaminated with asbestos and that is not
             contained and disposed of in accordance with
             regulations 4.3.114 and 4.3.115.
             Penalty: 100 penalty units for a natural person;
                           500 penalty units for a body corporate.


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                      (2) If the employer arranges for personal protective
                          clothing that is likely to be contaminated with
                          asbestos to be laundered at a commercial laundry,
                          the employer must ensure that—
                           (a) the clothing is contained so as to eliminate
                               the release of airborne asbestos fibres; and
                           (b) the exterior of the container—
                                 (i) is decontaminated before being
                                     removed from the work area; and
                                 (ii) indicates the presence of asbestos
                                      before the clothing is transferred to the
                                      laundry.
                          Penalty: 100 penalty units for a natural person;
                                     500 penalty units for a body corporate.
             4.3.117 Provision of information to job applicants
                          An employer must provide each applicant who
                          applies for employment with the employer to
                          carry out an asbestos-related activity (other than
                          activities specified in paragraphs (h) and (k) of
                          regulation 4.3.100) with information about the
                          nature of the hazard and the risks associated with
                          exposure to airborne asbestos fibres.
                          Penalty: 60 penalty units for a natural person;
                                     300 penalty units for a body corporate.
             4.3.118 Training record
                          An employer must—
                           (a) make a record of training provided in
                               relation to carrying out asbestos-related
                               activities in accordance with
                               regulation 2.1.2; and




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    (b) retain that record for so long as it is
        applicable.
  Penalty: 60 penalty units for a natural person;
              300 penalty units for a body corporate.
          __________________




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                                PART 4.4—LEAD

                      Division 1—Introductory matters

           4.4.1 Application of Part
                     This Part applies to workplaces where a lead
                     process is undertaken.
                     Note
                     Part 4.1 (Hazardous Substances) also imposes duties on
                     employers in relation to labelling and Material Safety Data
                     Sheets.
           4.4.2 What is a lead process?
                     A lead process consists of one or more of the
                     following—
                       (a) work that exposes a person to lead dust or
                           lead fumes arising from the manufacture or
                           handling of dry lead compounds;
                       (b) work in connection with the manufacture,
                           assembly, handling or repair of, or parts of,
                           batteries containing lead that involves the
                           manipulation of dry lead compounds or the
                           pasting or casting of lead;
                       (c) breaking up or dismantling of batteries
                           containing lead, or sorting, packing and
                           handling of plates or other parts containing
                           lead removed or recovered from those
                           batteries;
                       (d) spraying with molten lead metal or alloys
                           containing greater than 5% by weight of lead
                           metal;




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    (e) melting or casting of lead alloys containing
        greater than 5% by weight of lead metal in
        which the temperature of the molten material
        exceeds 450ºC;
    (f) recovery of lead from its ores, oxides or
        other compounds by a thermal reduction
        process;
    (g) dry machine grinding, discing, buffing or
        cutting by power tools of lead containing
        greater than 5% by weight of lead metal;
    (h) machine sanding or buffing of surfaces
        coated with paint containing greater than 1%
        by dry weight of lead metal;
    (i) a process in which electric arc, oxy-
        acetylene, oxy gas, plasma arc or a flame is
        applied, for the purposes of welding, cutting
        or cleaning, to the surface of metal that is
        coated with lead or paint containing greater
        than 1% by dry weight of lead metal;
    (j) radiator repairs if exposure to lead dust or
        lead fumes may occur;
    (k) fire assays, if lead is used;
    (l) hand grinding and finishing of lead or alloy
        containing greater than 50% by weight of
        lead metal;
   (m) spray painting with lead paint containing
       greater than 1% by dry weight of elemental
       lead;
    (n) melting of lead metal or alloy containing
        greater than 50% by weight of lead metal if
        the exposed surface area of the molten
        material is greater than 01 square metre and
        the temperature of the molten material does
        not exceed 450ºC;




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                       (o) use of a power tool, including abrasive
                           blasting and high pressure water jets, to
                           remove any surface coated with paint
                           containing greater than 1% by dry weight of
                           lead metal and the handling of waste
                           containing lead resulting from that removal;
                       (p) a process that exposes a person to lead dust
                           or lead fumes arising from the manufacture
                           or testing of detonators or other explosives
                           that contain lead;
                       (q) a process that exposes a person to lead dust
                           or lead fumes arising from the firing of
                           weapons at an indoor firing range;
                       (r) foundry processes involving—
                             (i) the melting or casting of lead alloys
                                 containing greater than 1% by weight
                                 of lead metal in which the temperature
                                 of the molten material exceeds 450ºC;
                                 or
                             (ii) the dry machine grinding, discing,
                                  buffing or cutting by power tools of
                                  lead alloys containing greater than 1%
                                  by weight of lead metal;
                       (s) a process at a workplace determined by the
                           Authority to be a lead process in accordance
                           with regulation 4.4.4.
           4.4.3 Females taken to be of reproductive capacity
                     For the purposes of this Part, a female employee
                     working in a lead process is to be treated as being
                     of reproductive capacity, unless she provides her
                     employer with a written statement advising the
                     contrary.




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4.4.4 Authority may determine lead process
      (1) The Authority may determine a process to be a
          lead process.
      (2) The Authority must not determine a process to be
          a lead process unless the Authority believes the
          health of employees at a workplace where the
          process is to be carried out is at risk when blood
          lead levels of employees or airborne lead levels at
          the workplace are taken into account.
4.4.5 Medical examinations and biological monitoring
      (1) In this Part, a requirement for a medical
          examination of a person is a requirement for a
          medical examination of the person to be
          conducted by a registered medical practitioner to
          monitor the person's health for the purpose of
          identifying changes in the person's health status
          due to occupational exposure to lead.
      (2) In this Part, a requirement for biological
          monitoring of a person is a requirement for
          biological monitoring that consists of the testing
          of the venous blood of the person by a pathology
          service accredited by NATA under the
          supervision of a registered medical practitioner to
          determine the amount of lead in the blood
          corrected to a haematocrit of 0·45 (45%) for
          males and a haematocrit of 0·42 (42%) for
          females.

            Division 2—Duties of employer

       Subdivision 1—Provision of information

4.4.6 Information to job applicants
          An employer must provide an applicant who
          applies for employment with the employer in a
          lead process with information about the health



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                      risks and toxic effects associated with lead
                      exposure and the need for, and content of, medical
                      examinations and biological monitoring.
                      Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
           4.4.7 Information to employees
                      Before an employee first starts work in a lead
                      process over which an employer has control, the
                      employer must provide the employee with
                      information in relation to the need for, and details
                      of, medical examinations and biological
                      monitoring.
                      Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.

            Subdivision 2—Control of risks associated with lead
                               processes

           4.4.8 Control of risk
                  (1) An employer must eliminate, so far as is
                      reasonably practicable, any risk associated with
                      exposure to lead.
                  (2) If it is not reasonably practicable for an employer
                      to ensure that a risk associated with exposure to
                      lead is eliminated, the employer must reduce that
                      the risk so far as is reasonably practicable by—
                       (a) substituting lead with—
                             (i) a substance that is less hazardous; or
                             (ii) a less hazardous form of lead; or
                       (b) isolating employees from the source of
                           exposure to lead; or
                       (c) using engineering controls to prevent or
                           reduce employee exposure to lead; or



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            (d) combining any of the risk control measures
                in paragraphs (a), (b) and (c).
          Note
          Act compliance—sections 21 and 23 (see regulation 1.1.7).
      (3) If an employer has complied with subregulations
          (1) and (2) so far as is reasonably practicable and
          a risk associated with exposure to lead remains,
          the employer must, so far as is reasonably
          practicable, use administrative controls to prevent
          or minimise exposure to lead.
          Note
          Act compliance—sections 21 and 23 (see regulation 1.1.7).
      (4) If an employer has complied with subregulations
          (1), (2) and (3) so far as is reasonably practicable
          and a risk associated with exposure to lead
          remains, the employer must reduce the risk by
          providing appropriate personal protective
          equipment that is suitable for the task to
          employees at risk.
          Note
          Act compliance—sections 21 and 23 (see regulation 1.1.7).
4.4.9 Review of risk control measures
      (1) An employer must ensure that any measures
          implemented to control risks to health from
          exposure to lead are reviewed and, if necessary,
          revised—
            (a) before any significant change is made to the
                lead process or a system of work that is
                related to the lead process; or
            (b) if an employee has been removed from a
                lead-risk job under regulation 4.4.23; or
            (c) after any incident occurs to which Part 5 of
                the Act applies that involves exposure to
                lead; or



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                         (d) if, for any other reason, the risk control
                             measures do not adequately control the risks;
                             or
                         (e) after receiving a request from a health and
                             safety representative.
                       Note
                       Act compliance—sections 21 and 23 (see regulation 1.1.7).
                   (2) A health and safety representative may make a
                       request under subregulation (1)(e) if the health
                       and safety representative believes on reasonable
                       grounds that—
                         (a) any of the circumstances referred to in
                             subregulations (1)(a) to (1)(d) exists; or
                         (b) the employer has failed—
                               (i) to properly review risk control
                                   measures; or
                               (ii) to take account of any of the
                                    circumstances in subregulations (1)(a)
                                    to (1)(d) in conducting a review of, or
                                    revising, the risk control measures.
            4.4.10 Lead exposure standard not to be exceeded
                   (1) An employer must ensure that an employee is not
                       exposed to an airborne concentration of lead dust,
                       lead mist or lead fumes in that person's breathing
                       zone at a workplace that exceeds 0·15 milligrams
                       per cubic metre calculated as a time weighted
                       average of the atmospheric concentration of lead
                       over an 8 hour working day and a 40 hour
                       working week.
                       Note
                       Act compliance—section 21 (see regulation 1.1.7).




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        (2) An employer must ensure that monitoring of the
            airborne concentration of lead dust, lead mist or
            lead fumes at the employer's workplace is carried
            out if—
             (a) there is uncertainty (based on reasonable
                 grounds) as to whether the lead exposure
                 standard is or may be exceeded; or
             (b) the monitoring is necessary to determine
                 whether there is a risk to health.
            Note
            Act compliance—section 22(1) (see regulation 1.1.7).
4.4.11 Provision of results of monitoring
            An employer must provide the results of any
            monitoring of the airborne concentration of lead
            dust, lead mist or lead fumes at the employer's
            workplace as soon as is reasonably practicable to
            any employee who has been, or may be, exposed
            to the lead dust, lead mist or lead fumes.
            Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.
4.4.12 Containment of lead
            An employer must ensure that any contamination
            by lead is confined, so far as is reasonably
            practicable, to an area where a lead process is
            carried out.
            Note
            Act compliance—sections 21 and 23 (see regulation 1.1.7).
4.4.13 Cleaning methods
        (1) An employer must, so far as is reasonably
            practicable, ensure that an area where a lead
            process is carried out is kept clean.
            Note
            Act compliance—sections 21 and 23 (see regulation 1.1.7).



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                    (2) An employer must, so far as is reasonably
                        practicable, ensure that the methods used to clean
                        in an area where a lead process is carried out—
                         (a) do not create a risk to the health of people in
                             the immediate vicinity of the area being
                             cleaned; and
                         (b) do not have the potential to spread the
                             contamination of lead.
                        Note
                        Act compliance—sections 21 and 23 (see regulation 1.1.7).
            4.4.14 Prohibition on eating, drinking and smoking
                    (1) An employer must ensure that a person does not
                        eat, drink, chew gum, smoke or carry materials
                        used for smoking in any area where a lead process
                        is carried out.
                        Penalty: 100 penalty units for a natural person;
                                    500 penalty units for a body corporate.
                    (2) An employer must provide employees with an
                        eating and drinking area that, so far as is
                        reasonably practicable, cannot be contaminated
                        with lead from any lead process.
                        Penalty: 100 penalty units for a natural person;
                                    500 penalty units for a body corporate.
            4.4.15 Provision of changing and washing facilities
                        An employer must, so far as is reasonably
                        practicable, provide and maintain changing and
                        washing facilities for employees so as to—
                         (a) minimise secondary lead exposure from
                             contaminated clothing; and
                         (b) minimise ingestion of lead; and




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             (c) avoid the spread of lead contamination.
            Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.
4.4.16 Laundering, disposal and removal of protective
       clothing
        (1) An employer must provide for the laundering or
            disposal of protective clothing and work clothing
            if it is likely that the clothing is contaminated with
            lead dust.
            Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.
        (2) The employer must ensure a person does not
            remove clothing required to be laundered or
            disposed of under subregulation (1) from the
            workplace, except to transfer the clothing to a
            commercial laundry or for disposal.
            Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.
        (3) The employer must ensure that clothing to be
            laundered or disposed of under subregulation (1),
            is bagged and labelled to identify the contents.
            Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.

              Subdivision 3—Lead-risk jobs

4.4.17 What is a lead-risk job?
            A lead-risk job means a job that involves work in
            a lead process in which the blood lead level of the
            employee is reasonably likely to exceed—
             (a) 145 µmol/L; or
             (b) 048 µmol/L for female employees of
                 reproductive capacity.


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            4.4.18 Identification of lead-risk jobs
                    (1) An employer must identify a lead process as
                        either—
                         (a) reasonably likely to lead to blood lead levels
                             of employees greater than those set out in
                             regulation 4.4.17; or
                         (b) not reasonably likely to lead to blood lead
                             levels of employees greater than those set out
                             in regulation 4.4.17.
                        Note
                        Act compliance—section 21 (see regulation 1.1.7).
                    (2) For the purposes of subregulation (1), the
                        employer must take into account the following
                        factors—
                         (a) past biological monitoring results of
                             employees;
                         (b) whether the airborne lead level is greater
                             than half the lead exposure standard;
                         (c) the form of lead to be used;
                         (d) the specific tasks or processes required to be
                             undertaken with the lead;
                         (e) the likely frequency and duration of
                             exposure to lead;
                          (f) possible routes of exposure to lead;
                         (g) any information regarding incidents,
                             illnesses or diseases associated with the use
                             of lead at the workplace.
                    (3) For the purpose of identifying a lead process
                        under subregulation (1), an employer must not
                        have regard to the effect of the use of respiratory
                        protection to control exposure to lead.




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        (4) If, an employer is unable to identify whether or
            not a lead process falls within subregulation (1)(a)
            or (1)(b), that process is to be treated as being
            likely to lead to blood lead levels of employees
            greater than those set out in regulation 4.4.17 until
            the employer establishes otherwise.
4.4.19 Notification and recording of a lead-risk job
        (1) If an employer identifies a lead process that is
            likely to lead to blood lead levels of employees
            greater than those set out in regulation 4.4.17, the
            employer must notify the Authority of the
            identification in writing within 7 days after
            making that identification.
            Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
        (2) A notification under subregulation (1) must
            include a reference to the type of lead process
            being undertaken.
        (3) The employer must retain a copy of the
            notification under subregulation (1) for the period
            that the lead process is conducted at the
            workplace.
            Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
        (4) The employer must make a copy or record of the
            notification readily accessible to an employee who
            has the potential to be exposed to lead and the
            employee's relevant health and safety
            representative for the period that the lead process
            is conducted at the workplace.
            Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.




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            4.4.20 Health surveillance before first starting lead-risk
                   job
                    (1) An employer must arrange for a medical
                        examination for an employee and biological
                        monitoring of an employee before the employee
                        first starts work in a lead-risk job.
                        Notes
                        1      Act compliance—section 22(1) (see regulation 1.1.7).
                        2      See regulation 4.4.5.
                    (2) An employer must arrange for the biological
                        monitoring of an employee within one month after
                        the employee starts work in a lead-risk job.
                        Notes
                        1      Act compliance—section 22(1) (see regulation 1.1.7).
                        2      See regulation 4.4.5.
                    (3) In this regulation the duties of an employer in
                        relation to medical examination and biological
                        monitoring extend to an independent contractor.
                        Note
                        Act compliance—section 23 (see regulation 1.1.7).
            4.4.21 Health surveillance for jobs subsequently identified
                   as lead-risk job
                    (1) An employer must, as soon as reasonably possible
                        after a job is identified as a lead-risk job, arrange
                        for a registered medical practitioner to conduct a
                        medical examination and biological monitoring of
                        an employee in that job if—
                            (a) the job was not identified as a lead-risk job at
                                the time the employee started working in that
                                job; and




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               (b) after the employee started working in that
                   job, the job is identified as a lead-risk job;
                   and
               (c) the employer had not, before the
                   identification of the job as a lead-risk job,
                   provided for a medical examination or
                   biological monitoring of that employee.
           Notes
           1      Act compliance—section 22(1) (see regulation 1.1.7).
           2      See regulation 4.4.5.
       (2) In this regulation the duties of an employer in
           relation to medical examination and biological
           monitoring extend to an independent contractor.
           Note
           Act compliance—section 23 (see regulation 1.1.7).
4.4.22 Frequency of biological monitoring
       (1) An employer must arrange for biological
           monitoring under the supervision of a registered
           medical practitioner of all employees in a lead-
           risk job at the following intervals—
               (a) for females not of reproductive capacity and
                   males—
                     (i) 6 months after the last biological
                         monitoring if the result of that last
                         monitoring shows a blood lead level
                         result of less than 145 µmol/L; or
                    (ii) 3 months after the last biological
                         monitoring if the result of that last
                         monitoring shows a blood lead level of
                         145 µmol/L or more but less than
                         193 µmol/L; or




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                        (iii) 6 weeks after the last biological
                              monitoring if the result of the last
                              monitoring shows a blood lead level of
                              193 µmol/L or more;
                    (b) for females of reproductive capacity—
                          (i) 3 months after the last biological
                              monitoring if the result of that last
                              monitoring shows a blood lead level of
                              less than 048 µmol/L; or
                         (ii) 6 weeks after the last biological
                              monitoring if the result of that last
                              monitoring shows a blood lead level
                              result of 048 µmol/L or more.
                Notes
                1      Act compliance—section 22(1) (see regulation 1.1.7).
                2      See regulation 4.4.5.
            (2) An employer must increase the frequency of
                biological monitoring if the employee is carrying
                out an activity that is likely to significantly change
                the nature or increase the duration or frequency of
                the employee's lead exposure.
                Note
                Act compliance—section 22(1) (see regulation 1.1.7).
            (3) The Authority may determine a different
                frequency for biological monitoring for a
                workplace or for a class of employees undertaking
                a lead-risk job, having regard to—
                    (a) the nature of the work and likely duration
                        and frequency of exposure; and
                    (b) the likelihood that the blood lead level of
                        employees will significantly increase.




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       (4) If the Authority makes a determination under
           subregulation (3), and the determination applies to
           an employer's workplace or employees, the
           employer must provide the biological monitoring
           required by subregulation (1) in relation to the
           workplace or employees at the frequency
           specified in the determination.
           Note
           Act compliance—section 22(1) (see regulation 1.1.7).
       (5) In this regulation the duties of an employer in
           relation to biological monitoring extend to an
           independent contractor.
           Note
           Act compliance—section 23 (see regulation 1.1.7).
4.4.23 Removal from lead-risk job
       (1) An employer must immediately remove an
           employee from a lead-risk job if—
             (a) the results of biological monitoring reveal
                 that the blood lead level of the employee is at
                 or above—
                   (i) 241 µmol/L—for females not of
                       reproductive capacity and males;
                   (ii) 097 µmol/L—for females of
                        reproductive capacity;
                  (iii) 072 µmol/L—for females who are
                        pregnant or breast feeding; or
             (b) following a medical examination by a
                 registered medical practitioner, that
                 practitioner is of the opinion that the
                 employee must be removed from that job; or
             (c) there is an indication that risk control
                 measures in place have failed and as a result,
                 it is likely that the blood lead level of the




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                              employee will reach or exceed the removal
                              levels set out in paragraph (a).
                       Note
                       Act compliance—section 21 (see regulation 1.1.7).
                   (2) In this regulation the duties of an employer in
                       relation to removal of an employee from a lead-
                       risk job extend to an independent contractor.
                       Note
                       Act compliance—section 23 (see regulation 1.1.7).
            4.4.24 Medical examination if removed from lead-risk job
                   (1) If a person has been removed from a lead-risk job
                       as a result of regulation 4.4.23(1)(a) or
                       4.4.23(1)(c), the employer must provide for the
                       person to have a medical examination by a
                       registered medical practitioner within 7 days after
                       that removal.
                       Note
                       Act compliance—section 22(1) (see regulation 1.1.7).
                   (2) If a medical examination of a person removed as a
                       result of regulation 4.4.23(1)(c) reveals that the
                       blood lead level of the employee is below the
                       levels set out in regulation 4.4.23(1)(a), and the
                       medical practitioner agrees, the employer may
                       allow the person to return to the lead-risk job.
            4.4.25 Return after medical removal
                   (1) This regulation only applies if an employer
                       expects that an employee will return to a lead-risk
                       job after removal from that job.
                   (2) An employer must arrange for an employee who
                       has been removed from a lead-risk job in
                       accordance with regulation 4.4.23(1)(a) or
                       4.4.23(1)(b) to be re-examined by a registered
                       medical practitioner, at a frequency determined by
                       the registered medical practitioner, to determine



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           whether the employee is suitable to return to a
           lead-risk job.
           Note
           Act compliance—section 22(1) (see regulation 1.1.7).
       (3) The employer must ensure that the employee does
           not return to a lead-risk job until—
            (a) the employee's blood lead level is less
                than—
                   (i) 193 µmol/L—for females not of
                       reproductive capacity and males;
                  (ii) 048 µmol/L—for females of
                       reproductive capacity; and
            (b) a registered medical practitioner certifies that
                the employee is fit to return to the lead-risk
                job.
           Note
           Act compliance—section 21 (see regulation 1.1.7).
       (4) In this regulation the duties of an employer in
           relation to an employee return to work after
           removal from a lead-risk job extend to an
           independent contractor.
           Note
           Act compliance—section 23 (see regulation 1.1.7).
4.4.26 Requirements for medical examinations
       (1) An employer must provide a registered medical
           practitioner who is to conduct a medical
           examination of a person required by this Part with
           details of—
            (a) the name and address of the employer;
            (b) the name and date of birth of the person to be
                examined;




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                 (c) the lead process the person is engaged in;
                 (d) the period the person has been engaged in
                     that process.
                Penalty: 60 penalty units for a natural person;
                           300 penalty units for a body corporate.
            (2) The employer must ensure that the registered
                medical practitioner provides the employer with a
                report setting out details of—
                 (a) the dates of examinations and blood
                     sampling; and
                 (b) the results of the biological monitoring and
                     any other tests; and
                 (c) the name of any pathology service used.
                Penalty: 60 penalty units for a natural person;
                           300 penalty units for a body corporate.
            (3) The employer must ensure that the registered
                medical practitioner provides the employer with
                details of any opinion formed by the practitioner
                after the medical examination as to whether the
                person examined—
                 (a) is suitable on medical grounds to work in a
                     lead-risk job;
                 (b) has excessive lead absorption and must not
                     work in a lead-risk job;
                 (c) shows symptoms or signs of clinical lead
                     poisoning and is unfit to work;
                 (d) is fit to return to work in a lead-risk job;
                 (e) is fit to continue work in a lead-risk job.
                Penalty: 60 penalty units for a natural person;
                           300 penalty units for a body corporate.




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4.4.27 Information to go to Authority
       (1) If an employer has removed a person from a lead-
           risk job in accordance with regulation 4.4.23, the
           employer must ensure that a copy of the results of
           the biological monitoring referred to in that
           regulation is forwarded to the Authority within
           48 hours after the employer receives it.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
       (2) If a person—
             (a) is removed from a lead-risk job under
                 regulation 4.4.23; and
             (b) is not allowed to return to that job under
                 regulation 4.4.24(2)—
           the employer must ensure that a copy of the report
           of the medical examination conducted under
           regulation 4.4.24 setting out the details required
           by regulation 4.4.26(2) is forwarded to the
           Authority within 48 hours after the employer
           receives it.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
       (3) An employer must notify the Authority in writing
           within 7 days of the name and contact details of
           the registered medical practitioner the employer
           has engaged to undertake medical examinations
           for the purposes of this Part.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.




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            4.4.28 Records
                        An employer must retain the report of a medical
                        examination returned to the employer by a
                        registered medical practitioner under this Part, and
                        all the results of biological monitoring of a person
                        provided for by the employer under this Part,
                        for—
                         (a) a period (not exceeding 30 years) determined
                             by the Authority; or
                         (b) if no period has been determined by the
                             Authority, 30 years.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.

                           Division 3—Employee duties

            4.4.29 Eating, drinking, smoking etc.
                    (1) An employee must not eat, drink, chew gum,
                        smoke or carry materials used for smoking in any
                        area where a lead process is carried out.
                        Penalty: 100 penalty units.
                    (2) An employee who has been in any area where a
                        lead process is carried out must remove any lead
                        contaminated clothing and equipment he or she
                        has used before entering an area designated for
                        eating and drinking.
                        Penalty: 100 penalty units.
                    (3) An employee who has been in any area where a
                        lead process is carried out must wash his or her
                        hands and face after leaving the area and before
                        eating, drinking or smoking.
                        Penalty: 100 penalty units.
                               __________________




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   CHAPTER 5—HAZARDOUS INDUSTRIES

              PART 5.1—CONSTRUCTION

           Division 1—Introductory matters

5.1.1 Application of Part
      (1) This Part applies to workplaces where
          construction work is performed.
      (2) To avoid doubt, this Part does not apply to the
          owner of domestic premises—
            (a) personally performing construction work at
                those premises; or
            (b) if those premises become a workplace due to
                construction work being performed, and the
                owner engages a person to manage or control
                the workplace under regulation 5.1.14(2).
5.1.2 What is construction work?
      (1) In these Regulations construction work means
          any work performed in connection with the
          construction, alteration, conversion, fitting out,
          commissioning, renovation, refurbishment,
          decommissioning, or demolition of any building
          or structure, or any similar activity.
      (2) Without limiting subregulation (1), work referred
          to in that subregulation includes—
            (a) installation, testing, maintenance and repair
                work performed in connection with the
                construction work; and
            (b) the removal from the workplace of any
                product or waste resulting from the
                demolition; and




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                (c) the prefabrication or testing of elements at a
                    place specifically established for the
                    construction project; and
                    Example
                    An example of a prefabricated element of a structure
                    is a concrete panel.
                (d) the assembly of prefabricated elements to
                    form a building or structure or the
                    disassembly of prefabricated elements, that,
                    immediately before the disassembly, formed
                    a building or structure; and
                (e) the installation, testing and maintenance of
                    gas, water, sewerage, electricity or
                    telecommunications services in or of any
                    building or structure; and
                (f) any work in connection with any excavation,
                    landscaping, preparatory work, or site
                    preparation performed for the purpose of any
                    work referred to in subregulation (1) or this
                    subregulation; and
                (g) any work referred to in subregulation (1)
                    performed under water, including work on
                    buoys, obstructions to navigation, rafts, ships
                    and wrecks.
           (3) In these Regulations construction work does not
               include—
                (a) the assembly, disassembly, prefabrication or
                    manufacture of fixed plant; or
                (b) the prefabrication of elements as standard
                    stock for sale; or
                (c) routine or minor testing, maintenance or
                    repair work performed in connection with a
                    building or structure; or
                (d) the exploration for, or extraction of, minerals
                    or stone.


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5.1.3 What is high risk construction work?
          In this Part high risk construction work means
          construction work—
            (a) where there is a risk of a person falling more
                than 2 metres;
            (b) on telecommunications towers;
            (c) involving demolition;
            (d) involving the removal or likely disturbance
                of asbestos;
            (e) involving structural alterations that require
                temporary support to prevent collapse;
            (f) involving a confined space;
            (g) involving a trench or shaft if the excavated
                depth is more than 1·5 metres;
            (h) involving a tunnel;
            (i) involving the use of explosives;
            (j) on or near pressurised gas distribution mains
                or piping;
            (k) on or near chemical, fuel or refrigerant lines;
            (l) on or near energised electrical installations
                or services;
           (m) in an area that may have a contaminated or
               flammable atmosphere;
            (n) involving tilt-up or precast concrete;
            (o) on or adjacent to roadways or railways used
                by road or rail traffic;
            (p) at workplaces where there is any movement
                of powered mobile plant;
            (q) in an area where there are artificial extremes
                of temperature;




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                       (r) in, over or adjacent to water or other liquids
                           where there is a risk of drowning;
                       (s) involving diving.
           5.1.4 What is a structure?
                     In this Part structure includes—
                       (a) any construction wall, mast, tower, pylon, or
                           structural cable; and
                       (b) any tunnel, shaft, underground tank, pipe or
                           pipeline, sea defence works, river works,
                           earthworks, earth retaining construction, or
                           construction designed to preserve or alter
                           any natural feature; and
                       (c) any road, railway line or siding, tramway
                           line, airfield, dock, harbour, inland
                           navigation channel, bridge, viaduct,
                           waterworks, reservoir, aqueduct, constructed
                           lagoon, dam, sewer, sewerage or drainage
                           works, electricity generation facility,
                           electricity transmission facility, electricity
                           distribution facility, gas generation facility,
                           gasholder, gas transmission facility, gas
                           distribution facility, or park or recreation
                           ground facility; and
                       (d) any ship or submarine; and
                       (e) any fixed plant; and
                       (f) any formwork, falsework, scaffold or other
                           construction designed or used to provide
                           support or access or containment during
                           construction; and
                       (g) any part of a thing set out in paragraphs (a)
                           to (f).




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5.1.5 What is a safe work method statement?
          In this Part a safe work method statement means a
          document that—
            (a) identifies work that is high risk construction
                work; and
            (b) states the hazards and risks to health or
                safety of that work; and
            (c) sufficiently describes measures to control
                those risks; and
            (d) describes the manner in which the risk
                control measures are to be implemented.
5.1.6 Self-employed person to have the same duties as an
      employer
      (1) A self-employed person must comply with the
          requirements of this Part as if that person were an
          employer.
      (2) If a provision of this Part is an Act compliance
          provision, compliance by a self-employed person
          with that provision in respect of a matter is the
          way that the self-employed person complies with
          the self-employed person's duty under section 24
          of the Act in respect of that matter.
      (3) A self-employed person's duties under this
          regulation apply only so far as to ensure, so far as
          is reasonably practicable, that persons are not
          exposed to risks to their health and safety arising
          from the conduct of the undertaking of the self-
          employed person.




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                          Division 2—Control of risk

                     Subdivision 1—Duties of employers

           5.1.7 Control of risk
                  (1) An employer must eliminate any risk to health or
                      safety associated with construction work, so far as
                      is reasonably practicable.
                      Note
                      Act compliance—sections 21 and 23 (see regulation 1.1.7).
                  (2) If it is not reasonably practicable to eliminate a
                      risk to health or safety associated with
                      construction work, the employer must reduce that
                      risk so far as is reasonably practicable by—
                       (a) substituting, for the hazard giving rise to the
                           risk to health or safety, a new activity,
                           procedure, plant, process or substance that
                           gives rise to a lesser risk to health or safety;
                           or
                       (b) isolating persons from the hazard; or
                       (c) using engineering controls; or
                       (d) combining any of the risk control measures
                           in paragraphs (a), (b) and (c).
                      Note
                      Act compliance—sections 21 and 23 (see regulation 1.1.7).
                  (3) If an employer has complied with subregulations
                      (1) and (2) so far as is reasonably practicable and
                      a risk to health or safety associated with the
                      construction work remains, the employer must, so
                      far as is reasonably practicable, use administrative
                      controls to reduce that risk.
                      Note
                      Act compliance—sections 21 and 23 (see regulation 1.1.7).




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      (4) If an employer has complied with subregulations
          (1), (2) and (3) so far as is reasonably practicable
          and a risk to health or safety associated with the
          construction work remains, the employer must
          control that risk by providing appropriate personal
          protective equipment that is suitable to the task to
          persons at risk.
          Note
          Act compliance—sections 21 and 23 (see regulation 1.1.7).
5.1.8 Review of risk control measures
      (1) An employer must ensure that any measures
          implemented to control risks to health or safety in
          relation to construction work are reviewed and, if
          necessary, revised—
            (a) before any change is made to the way the
                construction work is performed or to the
                system of work associated with the
                construction work, including a change in the
                location of the construction work; or
            (b) if new or additional information about
                hazards relating to the construction work
                becomes available to the employer; or
            (c) if, for any other reason, the risk control
                measures do not adequately control the risks
                to health and safety associated with the
                construction work; or
            (d) after receiving a request from a health and
                safety representative.
          Note
          Act compliance—sections 21 and 23 (see regulation 1.1.7).
      (2) A health and safety representative may make a
          request under subregulation (1)(d) if the health
          and safety representative believes on reasonable
          grounds that—




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                       (a) any of the circumstances referred to in
                           subregulations (1)(a) to (1)(c) exists; or
                       (b) the employer has failed—
                             (i) to review properly the risk control
                                 measures; or
                             (ii) to take account of any of the
                                  circumstances referred to in
                                  subregulations (1)(a) to (1)(c) in
                                  conducting a review of, or revising, the
                                  risk control measures.
           5.1.9 Safe work method statement required for high risk
                 construction work
                 (1) An employer must not perform high risk
                     construction work if there is a risk to the health or
                     safety of any person arising from the work,
                     unless—
                       (a) a safe work method statement is prepared for
                           the work before the work commences; and
                       (b) the work is performed in accordance with the
                           statement.
                 (2) If there is non-compliance with a safe work
                     method statement prepared under
                     subregulation (1) in relation to particular work,
                     the employer must—
                       (a) stop that work immediately or as soon as it is
                           safe to do so; and
                       (b) not resume the work until the statement is
                           complied with or reviewed and, if necessary,
                           revised in accordance with regulation 5.1.10.
                     Note
                     Act compliance—sections 21 and 23 (see regulation 1.1.7).




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       (3) For high risk construction work involving the
           removal or likely disturbance of asbestos, if there
           is a risk to the health or safety of any person
           arising from the work—
             (a) preparation of an asbestos control plan in
                 accordance with regulation 4.3.69 is taken to
                 be preparation of a safe work method
                 statement; and
             (b) compliance with the asbestos control plan is
                 taken to be compliance with a safe work
                 method statement in relation to the risk to
                 health or safety of exposure to airborne
                 asbestos fibres.
5.1.10 Safe work method statement to be reviewed and
       revised
           An employer performing high risk construction
           work for which a safe work method statement is
           required under regulation 5.1.9 must ensure that a
           safe work method statement is reviewed and if
           necessary, revised—
             (a) whenever the high risk construction work
                 changes; or
             (b) if there is an indication that risk control
                 measures (including risk control measures
                 required under any other Part of these
                 Regulations) are not controlling the risks to
                 health or safety adequately, including after
                 any incident that occurs during high risk
                 construction work.
           Note
           Act compliance—sections 21 and 23 (see regulation 1.1.7).




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            5.1.11 Copy of safe work method statement to be retained
                        An employer must retain a copy of a safe work
                        method statement for the duration of the high risk
                        construction work.
                        Penalty: 60 penalty units for a natural person;
                                    300 penalty units for a body corporate.
            5.1.12 Site-specific training
                        An employer must ensure that a person whom the
                        employer employs to perform construction work
                        is provided with occupational health and safety
                        training that relates to the particular workplace at
                        which the construction work is to be performed.
                        Note
                        Act compliance—section 21 (see regulation 1.1.7).

                  Subdivision 2—Duties of principal contractors

            5.1.13 Application of Subdivision
                    (1) This Subdivision applies to a construction project
                        if the cost of the project is $250 000 or more.
                    (2) For the purposes of this Part, the cost of a
                        construction project is to be valued in the same
                        way that a construction contract is valued under
                        section 11 of the Building and Construction
                        Industry Security of Payment Act 2002.
            5.1.14 Who is the principal contractor for a construction
                   project?
                    (1) The owner is the principal contractor of the
                        workplace where the construction project is to be
                        carried out unless the owner—
                          (a) appoints a principal contractor for the
                              construction work performed for or on behalf
                              of the owner; and




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             (b) authorises the principal contractor to manage
                 or control the workplace to the extent
                 necessary to discharge the duties imposed on
                 a principal contractor under this Subdivision.
        (2) If domestic premises become a workplace due to
            construction work being performed and the owner
            of those premises engages a person to manage or
            control the workplace, the person engaged is taken
            to be the principal contractor for the purposes of
            this Subdivision.
5.1.15 Signage of principal contractor
        (1) A principal contractor must ensure the placement
            of signs that are clearly visible from outside the
            workplace where the construction work is being
            performed, showing the name and contact
            telephone numbers of the principal contractor.
            Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.
        (2) Subregulation (1) does not apply if the details
            required under subregulation (1) are displayed in
            accordance with regulation 317 of the Building
            Regulations 2006.
5.1.16 Health and safety co-ordination plans
            A principal contractor for a construction project
            must ensure that—
             (a) a health and safety co-ordination plan is
                 prepared, in accordance with
                 regulation 5.1.17, for construction work
                 before that work commences; and
             (b) the plan is monitored, maintained and kept
                 up to date during the course of the
                 construction work.
            Note
            Act compliance—section 26 (see regulation 1.1.7).




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            5.1.17 Content of health and safety co-ordination plans
                        The principal contractor must ensure that the
                        health and safety co-ordination plan includes—
                         (a) a list of the names, positions and
                             responsibilities of all persons who will have
                             specific responsibilities for health and safety;
                             and
                             Example
                             Persons who may have specific responsibilities for
                             health and safety may include occupational health and
                             safety managers, first aid officers, principal
                             contractors or other persons who have responsibility
                             for implementing the health and safety coordination
                             plan.
                         (b) the arrangements for the co-ordination of the
                             health and safety of persons engaged to
                             perform construction work; and
                         (c) the arrangements for managing occupational
                             health and safety incidents when they occur;
                             and
                         (d) any site safety rules, with the arrangements
                             for ensuring that all persons at the workplace
                             are informed of the rules.
            5.1.18 Health and safety co-ordination plan available for
                   inspection
                    (1) The principal contractor must ensure that a copy
                        of the health and safety co-ordination plan and of
                        any revisions to that plan are retained for the
                        duration of the construction project and are
                        available for inspection throughout the course of
                        the construction work by persons including—
                         (a) any person engaged to perform construction
                             work at the workplace; and
                         (b) any person about to commence work at the
                             workplace; and



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             (c) an employee member of a health and safety
                 committee, a health and safety representative
                 or a person nominated under
                 regulation 2.2.2(4).
           Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.
        (2) Before any person commences construction work
            at a workplace the principal contractor must
            ensure that the person—
             (a) is aware of the health and safety co-
                 ordination plan for that workplace and any
                 revisions of the plan; and
             (b) is provided with access to the plan and any
                 revisions of the plan.
           Penalty: 60 penalty units for a natural person;
                        300 penalty units for a body corporate.

  Division 3—Induction training for construction work

5.1.19 Application of Division
           This Division applies to all persons at a workplace
           at which construction work is performed, with the
           exception of—
             (a) visitors to the workplace who are
                 accompanied at all times by a person who
                 has received construction induction training;
                 and
             (b) persons temporarily at the workplace to
                 deliver plant, supplies or materials.
           Note
           A duty may still be owed under the Act to the persons
           referred to in paragraphs (a) and (b) to ensure they are not
           exposed to risks to their health or safety.




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            5.1.20 Construction induction training to be provided
                   (1) Subject to regulation 5.1.23, an employer must
                       ensure that construction induction training is
                       provided in accordance with this regulation to a
                       person who is employed to perform construction
                       work and—
                           (a) who is neither registered, nor taken under
                               these Regulations to be registered, under
                               Part 6.2 (Registration) to perform
                               construction work; or
                           (b) who has not performed construction work in
                               the preceding 2 years.
                       Notes
                       1      Act compliance—sections 21 and 23 (see
                              regulation 1.1.7).
                       2      Regulation 6.2.21 provides that the registration of a
                              person lapses if that person has not performed any
                              construction work for any consecutive period of
                              2 years.
                   (2) The construction induction training must be
                       provided to the person before the person
                       commences construction work.
                   (3) The construction induction training must be
                       provided by a construction RTO.
                       Note
                       In addition to this specific duty, an employer has a general
                       duty under section 21(2)(e) of the Act to provide such
                       information, instruction, training or supervision to
                       employees as is necessary to enable the employees to
                       perform their work in a way that is safe and without risks to
                       health.




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5.1.21 Requirement to be registered
           Subject to regulation 5.1.23, a person must not
           perform construction work at a workplace unless
           the person is registered, or taken under these
           Regulations to be registered, under Part 6.2
           (Registration) to perform construction work.
           Notes
           1      See section 40(4) of the Act.
           2      Part 6.2 (Registration) sets out the process for
                  obtaining registration for construction work.
5.1.22 Employer must not allow unregistered employee to
       perform construction work
           Subject to regulation 5.1.23, an employer must not
           knowingly allow a person (including a person
           placed with an employer under a work experience
           arrangement under the Education and Training
           Reform Act 2006) whom the employer employs
           to perform construction work unless the person is
           registered, or taken under these Regulations to be
           registered, under Part 6.2 (Registration) to
           perform construction work.
           Penalty: 100 penalty units for a natural person;
                          500 penalty units for a body corporate.
5.1.23 Temporary exemption
       (1) If an employer employs a person to perform
           construction work, regulations 5.1.20, 5.1.21 and
           5.1.22 do not apply for the first 28 consecutive
           days if—
               (a) the person employed has not performed
                   construction work in the preceding 2 years;
                   and
               (b) the employer ensures that an application for
                   the person to undertake construction
                   induction training is made and paid for by



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                               the employer before or during that 28 day
                               period.
                    (2) The employer must ensure that the person
                        employed receives—
                         (a) direct supervision; and
                         (b) directions, demonstrations and monitoring—
                        appropriate to the construction work performed by
                        the person, for the 28 day period referred to in
                        subregulation (1), so that, so far as is reasonably
                        practicable, the person can perform the work in a
                        manner that is safe and without risks to health.
                        Note
                        Act compliance—sections 21 and 23 (see regulation 1.1.7).
            5.1.24 Offence to refuse to accept construction induction
                   card
                    (1) An employer must not knowingly refuse to accept
                        a current construction induction card from a
                        person as evidence of the registration of that
                        person to perform construction work for the
                        purposes of this Part.
                        Penalty: 60 penalty units for a natural person;
                                    300 penalty units for a body corporate.
                    (2) For the purposes of subregulation (1),
                        construction induction card means—
                         (a) a construction induction card issued by the
                             Authority under Part 6.2 (Registration);
                         (b) recognised evidence of construction
                             induction training;
                         (c) a construction statement of attainment issued
                             to a person within the previous 60 day
                             period;




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             (d) a card evidencing completion before 1 July
                 2008 of the Construction Industry Basic
                 Induction training course.
5.1.25 Record
            An employer must make a record containing
            details of any construction induction card (within
            the meaning of regulation 5.1.24) in relation to
            each person employed to perform construction
            work and retain that record while that person is so
            employed.
            Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.

Division 4—Notification of construction excavation work

5.1.26 Application of Division
        (1) This Division applies to a proposed construction
            excavation if―
             (a) the excavation will be of sufficient
                 dimensions or depth to allow the entry of a
                 person; or
             (b) there will be a risk to the health or safety of
                 any person from the excavation.
        (2) Despite subregulation (1), this Division does not
            apply to excavation of a shaft or trench made as
            part of building work for which a building permit
            has been issued and is in force under the Building
            Act 1993.
        (3) Despite subregulation (1), this Division does not
            apply to excavation of a shaft, trench or tunnel
            being―
             (a) a mine; or
             (b) a bore to which the Water Act 1989 applies;
                 or



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                         (c) a quarry within the meaning of the
                             Extractive Industries Development Act
                             1995; or
                         (d) made for the purpose of undertaking
                             emergency work; or
                         (e) made for the rescue of any person or the
                             carrying out of an emergency response by an
                             emergency service; or
                         (f) made for use as a place of burial or interment
                             of the dead.
            5.1.27 Requirement to notify intention to perform
                   construction excavation work
                   (1) An employer must notify the Authority in
                       accordance with subregulation (2) of an intention
                       to perform construction excavation work on a
                       shaft, trench or tunnel at least 3 days before
                       commencing that work.
                       Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
                   (2) The notification must be in writing and must
                       include the following information―
                         (a) the name of the employer who is making the
                             notification;
                         (b) the name of the person directly supervising
                             the proposed construction excavation work
                             and that person's contact details;
                         (c) the date of notification;
                         (d) a description of the type of construction
                             excavation proposed;
                         (e) whether explosives will be used in carrying
                             out the proposed construction excavation;




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    (f) the date or dates on which construction
        excavation work is likely to commence and
        be completed;
    (g) the location or locations of the proposed
        construction excavation work.
  Note
  Paragraphs (f) and (g) allow the person notifying to make
  one notification for a construction excavation associated
  with a single project which may extend through several
  locations and be carried out over a period of time.
          __________________




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                  PART 5.2—MAJOR HAZARD FACILITIES

                      Division 1—Introductory matters

           5.2.1 Application of Part
                      This Part does not apply to—
                       (a) a building or other structure on land used for
                           an activity to which section 157(2)(a) of the
                           Act applies; or
                       (b) a pipeline in respect of which a licence has
                           been issued under the Pipelines Act 2005; or
                       (c) a distribution pipeline within the meaning of
                           the Gas Industry Act 2001.
           5.2.2 Application of Divisions 3, 5 and 10
                  (1) Subject to this regulation, Divisions 3, 5 and 10 do
                      not apply to and in relation to a major hazard
                      facility that is registered under Part 6.2
                      (Registration).
                  (2) The operator of a registered major hazard facility
                      must comply with Divisions 3, 5 and 10 so far as
                      is reasonably practicable.
           5.2.3 Schedule 9 materials
                      In this Part a reference to Schedule 9 materials
                      likely to be present at a facility is a reference to
                      the maximum quantity of the Schedule 9 materials
                      that would meet the capacity of the facility,
                      including—
                       (a) the maximum capacity of process vessels
                           and interconnecting piping systems to
                           contain the materials;




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           (b) the maximum capacity of storage tanks and
               vessels used for the materials;
           (c) the maximum storage capacity of other
               storage areas at the facility that could contain
               the materials;
           (d) the maximum capacity of pipelines outside
               process areas to contain the materials;
           (e) the maximum quantity of the materials that
               would, in the event of a failure, escape onto
               the premises of the facility from a pipeline
               that is situated off the premises but
               connected to the facility;
           (f) the maximum quantity of the materials
               loaded into or onto, or unloaded from,
               vehicles, trailers, rolling stock and ships that
               are from time to time present at the facility in
               the course of the facility's operations.

           Division 2—General provisions

5.2.4 Authority may require information
      (1) The Authority may by written notice require the
          operator of a facility or a person who intends to be
          the operator of a facility to provide such
          information concerning the operation of the
          facility as the Authority reasonably requires for
          the purposes of this Part.
      (2) A notice under subregulation (1) must specify—
           (a) the information required; and
           (b) the date by which the information must be
               provided.




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                 (3) A person who receives a notice under
                     subregulation (1) must provide the information in
                     accordance with the notice.
                     Penalty: 60 penalty units for a natural person;
                                  300 penalty units for a body corporate.
                     Note
                     Section 154 of the Act provides that a natural person may
                     refuse or fail to give information required by the regulations
                     if giving the information would tend to incriminate the
                     person.

                   Division 3—Safety duties of operators

           5.2.5 Safety Management System
                 (1) The operator of a major hazard facility must
                     establish and implement a Safety Management
                     System for the major hazard facility, in
                     accordance with this regulation.
                     Note
                     Act compliance—sections 21, 23 and 26 (see
                     regulation 1.1.7).
                 (2) The operator must use the Safety Management
                     System as the primary means of ensuring the safe
                     operation of the major hazard facility.
                     Note
                     Act compliance—sections 21, 23 and 26 (see
                     regulation 1.1.7).
                 (3) A Safety Management System must—
                      (a) be documented; and
                      (b) provide a comprehensive and integrated
                          management system for all aspects of risk
                          control measures adopted under this Part;
                          and




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            (c) be set out and expressed in a way that is
                readily accessible and comprehensible to
                persons who use it; and
            (d) set out the operator's safety policy, including
                the operator's broad aims in relation to the
                safe operation of the major hazard facility;
                and
            (e) set out the operator's specific safety
                objectives and describe the systems and
                procedures by which those objectives are to
                be achieved; and
            (f) set out how the operator intends to comply
                with this Division and Division 5; and
            (g) include all of the matters specified in
                Schedule 10.
      (4) The operator of a major hazard facility must
          review and, if necessary, revise the Safety
          Management System if—
            (a) a modification is made to the major hazard
                facility; or
            (b) a major incident occurs at the major hazard
                facility—
          and in any event at least once every 5 years.
          Note
          Act compliance—sections 21, 23 and 26 (see
          regulation 1.1.7).
5.2.6 Identification of major incidents and major incident
      hazards
      (1) The operator of a major hazard facility must
          identify—
            (a) all major incidents that could occur at the
                major hazard facility; and




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                      (b) all major incident hazards.
                     Note
                     Act compliance—sections 21, 23 and 26 (see
                     regulation 1.1.7).
                 (2) The operator must document all aspects of any
                     identification made under this regulation,
                     including—
                      (a) the methods and criteria used for identifying
                          major incidents and major incident hazards;
                          and
                      (b) any external conditions under which those
                          major incident hazards might give rise to a
                          major incident.
                     Note
                     Act compliance—sections 21, 23 and 26 (see
                     regulation 1.1.7).
           5.2.7 Safety Assessment
                 (1) The operator of a major hazard facility must
                     conduct a comprehensive and systematic Safety
                     Assessment, in accordance with this regulation, in
                     relation to all potential major incidents and all
                     major incident hazards.
                     Note
                     Act compliance—sections 21, 23 and 26 (see
                     regulation 1.1.7).
                 (2) A Safety Assessment must involve an
                     investigation and analysis of the major incident
                     hazards and major incidents so as to provide the
                     operator with a detailed understanding of all
                     aspects of risk to health and safety associated with
                     major incidents, including—
                      (a) the nature of each major incident hazard and
                          major incident;




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     (b) the likelihood of each major incident hazard
         causing a major incident;
     (c) in the event of a major incident occurring—
           (i) its magnitude; and
           (ii) the severity of its consequences to
                persons both on-site and off-site;
     (d) the range of risk control measures
         considered.
(3) In conducting a Safety Assessment, the operator
    must—
     (a) consider major incident hazards and major
         incidents cumulatively as well as
         individually; and
     (b) use assessment methods (whether
         quantitative or qualitative, or both) that are
         appropriate to the major incident hazards
         being considered.
(4) The operator must document all aspects of the
    Safety Assessment, and the documentation
    must—
     (a) describe the methods used in the
         investigation and analysis;
     (b) state all the matters specified in
         subregulations (2)(a) to (2)(d);
     (c) contain reasons for decisions as to the
         matters specified in subregulations (2)(b) and
         (2)(c);
     (d) contain, in relation to the range of risk
         control measures considered—
           (i) statements as to their viability and
               effectiveness; and
           (ii) reasons for selecting certain risk control
                measures and rejecting others;


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                       (e) be kept available for inspection on request
                           under the Act.
           5.2.8 Control of risk
                  (1) The operator of a major hazard facility must adopt
                      risk control measures that—
                       (a) eliminate so far as is reasonably practicable
                           the risk of a major incident occurring; or
                       (b) if it is not reasonably practicable to eliminate
                           those risks, reduce that risk so far as is
                           reasonably practicable.
                      Note
                      Act compliance—sections 21, 23 and 26 (see
                      regulation 1.1.7).
                  (2) The operator of a major hazard facility must adopt
                      risk control measures designed to reduce, in the
                      event of a major incident occurring, its magnitude
                      and the severity of its consequences to persons
                      both on-site and off-site.
                      Note
                      Act compliance—sections 21, 23 and 26 (see
                      regulation 1.1.7).
           5.2.9 Emergency plan
                  (1) The operator of a major hazard facility must
                      prepare an emergency plan for the major hazard
                      facility in accordance with this regulation.
                      Note
                      Act compliance—sections 21, 23 and 26 (see
                      regulation 1.1.7).
                  (2) The emergency plan prepared under this
                      regulation must be included as a risk control
                      measure adopted under regulation 5.2.8 for that
                      major hazard facility.




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(3) An emergency plan must—
     (a) address the potential on-site and off-site
         consequences of a major incident occurring;
         and
     (b) include all matters specified in Schedule 11;
         and
     (c) be prepared in conjunction with—
           (i) the emergency services that have
               responsibility for the area in which the
               major hazard facility is located; and
           (ii) in relation to the off-site consequences
                of a major incident occurring, the
                municipal councils in the area occupied
                by the local community.
(4) After preparing an emergency plan, the operator
    must—
     (a) keep a copy of the emergency plan at the
         major hazard facility for use by the
         emergency services consulted under
         subregulation (3)(c)(i); and
     (b) inform those emergency services of the
         location of the copy of the emergency plan;
         and
     (c) forward a copy of the plan to those
         emergency services.
   Note
   Act compliance—sections 21, 23 and 26 (see
   regulation 1.1.7).




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            5.2.10 Emergency plan must be tested
                        The operator of a major hazard facility must—
                         (a) test the emergency plan for the facility at
                             suitable intervals, not exceeding 3 years; and
                         (b) take all necessary steps to arrange for the
                             emergency services consulted under
                             regulation 5.2.9(3)(c)(i) to participate in the
                             test of the emergency plan.
                        Note
                        Act compliance—sections 21, 23 and 26 (see
                        regulation 1.1.7).
            5.2.11 Emergency plan to be put into action in the event of
                   a major incident
                    (1) An operator who has prepared an emergency plan
                        must put the emergency plan into effect without
                        delay if—
                         (a) a major incident occurs; or
                         (b) an uncontrolled event or incident occurs that
                             could reasonably be expected to lead to a
                             major incident.
                        Note
                        Act compliance—sections 21, 23 and 26 (see
                        regulation 1.1.7).
                    (2) Immediately after becoming aware that a major
                        incident has occurred, the operator of a major
                        hazard facility must notify the emergency services
                        that have responsibility for the area in which the
                        major hazard facility is located.
                        Note
                        Act compliance—sections 21, 23 and 26 (see
                        regulation 1.1.7).




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5.2.12 Review by operator
       (1) The operator of a major hazard facility who has—
            (a) identified major incident hazards and
                possible major incidents under
                regulation 5.2.6; or
            (b) conducted a Safety Assessment under
                regulation 5.2.7; or
            (c) adopted risk control measures under
                regulation 5.2.8—
           must review and, if necessary, revise those matters
           to ensure that the risk control measures adopted
           are such that the operator continues to comply
           with regulation 5.2.8.
           Note
           Act compliance—sections 21, 23 and 26 (see
           regulation 1.1.7).
       (2) A review and revision under this regulation must
           be conducted—
            (a) at the direction of the Authority; or
            (b) before a modification is made to the major
                hazard facility; or
            (c) after a major incident occurs at the major
                hazard facility; or
            (d) when an effectiveness test indicates a
                deficiency in a risk control measure; or
            (e) if there has been any change to the
                circumstances that formed part of the initial
                Property Protection Assessment under
                regulation 5.2.36; or
            (f) if a health and safety representative requests
                the operator to conduct a review—
           and in any event at least once every 5 years.




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                    (3) A health and safety representative may make a
                        request under subregulation (2)(f) if the health and
                        safety representative believes on reasonable
                        grounds that—
                         (a) any of the circumstances referred to in
                             subregulations (2)(a) to (2)(e) exists; or
                         (b) the operator has failed—
                               (i) to properly review the risk control
                                   measures; or
                               (ii) to take into account any of the
                                    circumstances referred to in
                                    subregulations (2)(a) to (2)(e) in
                                    conducting a review of the risk control
                                    measures.
                    (4) The operator must review and, if necessary, revise
                        the emergency plan for the major hazard facility
                        in conjunction with—
                         (a) the emergency services that have
                             responsibility for the area in which the major
                             hazard facility is located; and
                         (b) in relation to the off-site consequences of a
                             major incident occurring, the municipal
                             councils within the area occupied by the
                             local community.
                        Note
                        Act compliance—sections 21, 23 and 26 (see
                        regulation 1.1.7).
            5.2.13 Safety role for employees
                    (1) The operator of a major hazard facility must
                        develop a role for the operator's employees,
                        including the specific procedures employees are
                        required to follow to assist the operator to—
                         (a) identify major incident hazards and possible
                             major incidents under regulation 5.2.6;



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               (b) conduct or review a Safety Assessment
                   under regulations 5.2.7 and 5.2.12;
               (c) adopt or review risk control measures under
                   regulations 5.2.8 and 5.2.12;
               (d) establish and implement a Safety
                   Management System under regulation 5.2.5.
           Notes
           1     Act compliance—section 21 (see regulation 1.1.7).
           2     Sections 35 and 36 of the Act set out the duty of the
                 employer to consult, including involving the health and
                 safety representative (if any). (See also
                 regulation 2.1.5). See also the consultation
                 requirements in Division 5 of this Part.
       (2) The operator must review the role for employees
           developed under this regulation if there is a
           change of circumstances, including a modification
           to a major hazard facility, that would require
           additional or different knowledge and skills on the
           part of the employees to perform the role.
           Notes
           1     Act compliance—section 21 (see regulation 1.1.7).
           2     Sections 35 and 36 of the Act set out the duty of the
                 employer to consult, including involving the health and
                 safety representative (if any). (See also
                 regulation 2.1.5). See also the consultation
                 requirements in Division 5 of this Part.

                   Division 4—Safety Case

5.2.14 Operator to provide Safety Case
           The operator of a major hazard facility must, in
           order to obtain a major hazard facility licence
           under Part 6.1 (Licences)—
               (a) prepare a Safety Case in accordance with this
                   Part; and




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                         (b) provide the Safety Case to the Authority.
                       Note
                       An operator has an obligation, when applying for a major
                       hazard facility licence under Part 6.1 (Licences) to provide
                       the Safety Case to the Authority.
            5.2.15 Content of Safety Case
                   (1) A Safety Case prepared under this Part must—
                         (a) contain a summary of the content of the
                             Safety Management System; and
                         (b) contain a summary of the documentation
                             prepared under regulations 5.2.6 and 5.2.7
                             including a complete list of major incidents
                             that could occur at the major hazard facility;
                             and
                         (c) include the information specified in
                             Schedule 12.
                   (2) The content of a Safety Case must—
                         (a) demonstrate that the Safety Management
                             System provides a comprehensive and
                             integrated management system of risk
                             control measures in relation to major
                             incident hazards and major incidents; and
                         (b) demonstrate the adequacy of the risk control
                             measures adopted or reviewed under
                             regulations 5.2.8 and 5.2.12.
                   (3) The operator of a major hazard facility must
                       include in the Safety Case a signed statement by
                       which the operator certifies that—
                         (a) the information provided under
                             subregulations (1)(a) and (1)(b) is accurate;
                             and




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     (b) as a consequence of conducting a Safety
         Assessment, the operator has a detailed
         understanding of all aspects of risks to health
         and safety associated with major incidents;
         and
     (c) the risk control measures adopted in
         accordance with regulation 5.2.8 are such
         as—
           (i) to eliminate so far as is reasonably
               practicable or, if it is not reasonably
               practicable to eliminate, to reduce so
               far as is reasonably practicable the risk
               of a major incident occurring; and
           (ii) in the event of a major incident
                occurring, to reduce so far as is
                reasonably practicable its magnitude
                and the severity of its consequences to
                persons both on-site and off-site; and
     (d) the persons who participate in the
         implementation of the Safety Management
         System have the necessary knowledge and
         skills to enable them to undertake their tasks
         and discharge their responsibilities in
         relation to the Safety Management System.
(4) A written statement prepared under
    subregulation (3) must—
     (a) if the operator is a corporation and its chief
         executive resides in Victoria, be signed by
         the chief executive; or
     (b) if the operator is a corporation and its chief
         executive does not reside in Victoria, be
         signed by the chief executive and by the
         most senior officer of the corporation
         resident in Victoria.




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            5.2.16 Co-ordination of Safety Cases
                   (1) The Authority may require the operators of 2 or
                       more major hazard facilities to co-ordinate the
                       preparation of their respective Safety Cases if it
                       believes that the co-ordinated preparation of
                       Safety Cases is necessary in the interests of the
                       safe operation or the effective safety management
                       of either or both major hazard facilities.
                   (2) If the Authority requires operators of major hazard
                       facilities to co-ordinate the preparation of their
                       Safety Cases under subregulation (1), each
                       operator must provide to the other operators
                       information concerning any circumstances at the
                       operator's major hazard facility that could
                       constitute a major incident hazard in relation to
                       the other major hazard facilities.
                   (3) An operator of a major hazard facility who has
                       co-ordinated the preparation of a Safety Case in
                       accordance with this regulation, must include
                       reference to the information provided under
                       subregulation (2) in the Safety Case prepared by
                       the operator.
            5.2.17 Review of Safety Case
                   (1) An operator of a major hazard facility must
                       review and revise the Safety Case for the major
                       hazard facility if—
                         (a) the risk control measures are revised under
                             regulation 5.2.12; or
                         (b) the operator intends to apply for the renewal
                             of the operator's major hazard facility licence
                             under Part 6.1 (Licences); or
                         (c) a Property Protection Assessment is revised
                             under regulation 5.2.37.




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        (2) A revised Safety Case must—
             (a) include all of the matters required under
                 regulation 5.2.15; and
             (b) specify the changes made to the Safety Case
                 in relation to matters specified in
                 regulation 5.2.15(1).
        (3) If a Safety Case is revised by the operator of a
            major hazard facility, the operator must provide a
            copy of the revised Safety Case to the Authority
            as soon as is reasonably possible after the revision
            is made.

Division 5—Consulting, informing, instructing and training

5.2.18 Consultation with employees and health and safety
       representatives
            For the purposes of section 35(1) of the Act, the
            operator of a major hazard facility must consult in
            relation to—
             (a) identifying major incidents and major
                 incident hazards under regulation 5.2.6;
             (b) conducting or reviewing a Safety
                 Assessment under regulations 5.2.7 and
                 5.2.12;
             (c) adopting or reviewing risk control measures
                 under regulations 5.2.8 and 5.2.12;
             (d) establishing and implementing a Safety
                 Management System;
             (e) preparing or revising a Safety Case;




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                         (f) developing or reviewing a safety role for
                             employees under this Part.
                        Note
                        See section 35 of the Act. Sections 35 and 36 of the Act set
                        out the duty of the employer to consult, including involving
                        the health and safety representative (if any). (See also
                        regulation 2.1.5).
            5.2.19 Information, instruction and training
                    (1) The operator of a major hazard facility must
                        provide information, instruction and training to
                        employees of the operator in relation to—
                         (a) the kind of major incidents that could occur
                             at the major hazard facility;
                         (b) all major incident hazards;
                         (c) the implementation of risk control measures
                             adopted under regulation 5.2.8;
                         (d) the content and operation of the Safety
                             Management System;
                         (e) the emergency plan prepared under
                             regulation 5.2.9;
                         (f) the safety role developed for employees
                             under regulation 5.2.13.
                        Note
                        Act compliance—section 21 (see regulation 1.1.7).
                    (2) The operator must ensure that the information,
                        instruction and training provided under
                        subregulation (1) is monitored, reviewed and, if
                        necessary, revised in order to remain relevant and
                        effective.
                        Note
                        Act compliance—section 21 (see regulation 1.1.7).




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5.2.20 Record of training
           The operator of a major hazard facility must make
           a record of all training provided to an employee
           under regulation 5.2.19 and retain that record
           while the employee is employed at the facility.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
5.2.21 Further information and access to documents
           For the purpose of complying with
           regulation 5.2.19 the operator of a major hazard
           facility must—
             (a) inform the operator's employees about the
                 content of the Safety Case for the major
                 hazard facility, including any revision of the
                 Safety Case; and
             (b) ensure that the Safety Management System,
                 the Safety Case and the emergency plan, or
                 copies of these documents, are readily
                 accessible to employees of the operator.
           Note
           Act compliance—section 21 (see regulation 1.1.7).
5.2.22 Response to employee alert at major hazard facility
           If an employee of an operator gives information
           under regulation 5.2.26(1)(c) to the operator, the
           operator must inform the employee of what, if
           any, investigative or other action has been taken in
           response to the information.
           Note
           Act compliance—section 21 (see regulation 1.1.7).




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            5.2.23 Information and instruction to non-employees at the
                   facility
                       The operator of a major hazard facility must
                       ensure that any person other than an employee of
                       the operator who enters the major hazard facility
                       is, as soon as is reasonably possible after
                       entering—
                         (a) informed generally about the major incident
                             hazards at the major hazard facility; and
                         (b) instructed about the safety precautions the
                             person should take while at the major hazard
                             facility; and
                         (c) instructed about the action the person should
                             take in the event of an emergency plan being
                             activated while the person is at the major
                             hazard facility.
                       Note
                       Act compliance—sections 23 and 26 (see regulation 1.1.7).
            5.2.24 Information to local community
                   (1) The operator of a major hazard facility must
                       provide the local community and municipal
                       councils within the area occupied by the local
                       community, with information, in accordance with
                       this regulation, concerning the safety of the major
                       hazard facility.
                       Note
                       Act compliance—sections 23 and 26 (see regulation 1.1.7).
                   (2) Information provided under this regulation—
                         (a) must include—
                               (i) a summary of the Safety Case for the
                                   major hazard facility; and
                               (ii) a copy of the licence for the major
                                    hazard facility, including the terms and
                                    conditions of the licence;


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    (b) unless already included in the Safety Case
        summary, must include—
          (i) the name and location of the major
              hazard facility;
          (ii) the name, position and telephone
               number of a contact person from whom
               further information can be obtained;
         (iii) a general description of the operations
               at the major hazard facility, including a
               description of the Schedule 9 materials
               present or likely to be present at the
               major hazard facility;
         (iv) a general description of major incident
              hazards identified at the major hazard
              facility and of the major incidents that
              have the potential to occur because of
              those hazards;
          (v) a general description of the magnitude
              of major incidents that could occur at
              the major hazard facility and of the
              severity of the consequences to health
              and safety if such incidents were to
              occur;
         (vi) the means by which the local
              community will be notified of a major
              incident in the event of one occurring;
        (vii) the action that members of the local
              community should take (in accordance
              with the emergency plan for the major
              hazard facility) in the event of a major
              incident occurring.




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                   (3) Information provided under this regulation must—
                         (a) be presented and expressed in a way that can
                             be readily understood by a person who is not
                             familiar with the major hazard facility and its
                             operations;
                         (b) be reviewed and, if necessary, revised in the
                             event of any modification being made to the
                             major hazard facility;
                         (c) be sent in writing to any community or
                             public library serving the local community.
                   (4) The operator of a major hazard facility preparing
                       or revising a Safety Case under Division 4, must
                       consult with the municipal councils within the
                       area occupied by the local community in relation
                       to all matters that could affect the health and
                       safety of members of the local community in the
                       event of a major incident occurring.
                       Note
                       Act compliance—sections 23 and 26 (see regulation 1.1.7).
            5.2.25 Further information on request
                       The operator of a major hazard facility who
                       receives a written request from a person who, on
                       reasonable grounds, believes that the occurrence
                       of a major incident at the major hazard facility
                       might adversely affect his or her health must
                       provide the person with a copy of the information
                       provided to the local community under
                       regulation 5.2.24.
                       Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.




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             Division 6—Duties of employees

5.2.26 General requirements
        (1) An employee at a major hazard facility must—
             (a) follow the operator's procedures relating to
                 the prevention and control of major incidents
                 within the major hazard facility;
             (b) follow the operator's emergency procedures
                 in the event of a major incident occurring or
                 in the event of the emergency procedures
                 being activated;
             (c) immediately inform the operator of any
                 circumstance that he or she considers may be
                 capable of leading to a major incident;
             (d) without placing the employee or any other
                 person at risk, take corrective action under
                 those prevention and control and emergency
                 procedures even if the corrective action
                 could interrupt the operation of the major
                 hazard facility;
             (e) notify his or her supervisor of any corrective
                 action taken.
        (2) Compliance by an employee with subregulation
            (1) in respect of a matter is the way that the
            employee complies with the employee's duty
            under section 25(1) of the Act in respect of that
            matter.

   Division 7—Determination of major hazard facility

5.2.27 Operators of certain facilities to notify Authority
        (1) The operator of a facility at which Schedule 9
            materials are present or likely to be present in a
            quantity exceeding 10% of their threshold
            quantity but less than their threshold quantity must




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                        notify the Authority of this circumstance in
                        accordance with this regulation.
                        Penalty: 60 penalty units for a natural person;
                                     300 penalty units for a body corporate.
                    (2) The notification must be given within 30 days
                        after the operator becomes aware, or ought
                        reasonably to have become aware, of the
                        circumstance giving rise to the requirement to
                        notify.
                        Note
                        Regulation 5.2.29(1) provides that the Authority may
                        determine that a facility is a major hazard facility after
                        receiving notification under this regulation.
            5.2.28 Content of notification
                        If notification is given under regulation 5.2.27, the
                        notification must contain—
                         (a) the information specified in regulation 6.2.23
                             with all necessary adaptations to the
                             circumstance described in regulation 5.2.27
                             that give rise to the requirement to notify;
                             and
                         (b) the date on which the facility or proposed
                             facility is expected to operate as a major
                             hazard facility.
            5.2.29 Authority may determine facility to be a major
                   hazard facility
                    (1) If the Authority receives notification under
                        regulation 5.2.27, the Authority may determine
                        that the facility is a major hazard facility if the
                        Authority forms the opinion that there is a
                        potential for a major incident to occur at the
                        facility, having regard to all or any of the
                        following—




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             (a) the quantity or combination of Schedule 9
                 materials present or likely to be present at
                 the facility;
             (b) the type of activity within the facility that
                 involves those materials;
             (c) the land use and activities of occupancy in
                 the area surrounding the facility.
       (2) The Authority, on its own initiative, may
           determine that a facility is a major hazard facility
           if—
             (a) the Authority becomes aware that Schedule 9
                 materials are present or likely to be present
                 at the facility in a quantity exceeding 10% of
                 their threshold quantity but less than their
                 threshold quantity; and
             (b) the Authority forms the opinion that there is
                 a potential for a major incident to occur at
                 the facility, having regard to all or any of the
                 following—
                   (i) the quantity or combination of
                       Schedule 9 materials present or likely
                       to be present at the facility;
                   (ii) the type of activity within the facility
                        that involves those materials;
                  (iii) the land use and activities of occupancy
                        in the area surrounding the facility.
5.2.30 Inquiry before making determination
       (1) The Authority must not make a determination
           under regulation 5.2.29 unless the Authority has
           conducted an inquiry under this regulation.
       (2) The Authority must give the operator of a facility
           that may be the subject of a determination under
           regulation 5.2.29 written notice of the Authority's
           intention to conduct an inquiry.



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                    (3) A notice under subregulation (2) must—
                         (a) state the subject of the inquiry and the
                             reasons for conducting it; and
                         (b) invite the operator to make submissions in
                             relation to the inquiry within 14 days of the
                             date of the notice.
                    (4) The Authority must consider any submissions
                        made by the operator.
            5.2.31 Written notice of determination
                    (1) If the Authority makes a determination under
                        regulation 5.2.29, the Authority must send to the
                        operator of the relevant facility a written notice
                        that—
                         (a) sets out the determination; and
                         (b) states the reasons for the determination; and
                         (c) specifies the date on which the determination
                             takes effect.
                    (2) The date specified under subregulation (1)(c) must
                        be not less than 30 days after the operator is sent
                        the notice.
            5.2.32 Effect of determination
                        If the Authority makes a determination under this
                        Division in respect of a facility, the facility, is
                        from the date on which the determination takes
                        effect, to be taken to be registered as a major
                        hazard facility under Part 6.2 (Registration).




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Division 8—Duties of operator of registered major hazard
                        facility

5.2.33 Outline of Safety Case
        (1) The operator of a registered major hazard facility
            must, within 90 days of the commencement of the
            registration of the facility, provide the Authority
            with an outline for the Safety Case the operator
            proposes to include with its major hazard facility
            licence application under Part 6.1 (Licences).
            Note
            Act compliance—sections 21, 23 and 26 (see
            regulation 1.1.7).
        (2) The outline under subregulation (1) must
            include—
             (a) a detailed written program and time frame
                 for the preparation of the Safety Case, with
                 specific reference being made to each of the
                 matters required by regulation 5.2.15 to be
                 included in a Safety Case; and
             (b) details of the scope of consultation that will
                 be undertaken when preparing the Safety
                 Case; and
             (c) a draft of the emergency plan the operator
                 proposes to include in the Safety Case.
        (3) If the Authority is of the opinion that the outline
            prepared under this regulation would not produce
            a Safety Case that meets the requirements of
            Division 4, the Authority may require an
            alteration to be made to the Safety Case outline.
        (4) The Authority must not require the operator to
            make any alterations to the outline prepared under
            this regulation unless the Authority has—




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                 (a) informed the operator of the proposed
                     alterations; and
                 (b) invited the operator to make written
                     submissions within 14 days of the date of the
                     notice; and
                 (c) considered any submissions that are made.
            (5) The operator must make any alterations to the
                outline required by the Authority under
                subregulation (3).
                Note
                Act compliance—sections 21, 23 and 26 (see
                regulation 1.1.7).
            (6) The operator must provide the Authority with a
                Safety Case outline altered under this regulation,
                or altered by the operator on the operator's own
                initiative, as soon as is reasonably possible after
                the alterations are made.
            (7) The operator of a registered major hazard facility
                must comply with the outline provided to the
                Authority under subregulation (1).
                Note
                Act compliance—sections 21, 23 and 26 (see
                regulation 1.1.7).
            (8) If the outline has been altered under this
                regulation, the operator must comply with the
                outline as so altered.
                Note
                Act compliance—sections 21, 23 and 26 (see
                regulation 1.1.7).




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  Division 9—Requirement to be licensed or registered

5.2.34 Only licensed or registered major hazard facility to
       be operated
            A person must not operate a major hazard facility
            unless—
             (a) a major hazard facility licence has been
                 granted for the facility under Part 6.1
                 (Licences); or
             (b) the facility is registered under Part 6.2
                 (Registration).
            Note
            See section 40(1) of the Act.

Division 10—Controls under Dangerous Goods Act 1985—
                Protection of property

5.2.35 Risk control measures
        (1) The operator of a major hazard facility must, in
            relation to Schedule 9 materials that are dangerous
            goods, adopt risk control measures to eliminate so
            far as is practicable or, if it is not practicable to
            eliminate, to reduce so far as is practicable, the
            extent of damage to property that would be caused
            in the event of a major incident.
        (2) A person who contravenes subregulation (1) is
            liable to a penalty not exceeding—
             (a) 100 penalty units for a natural person; or
             (b) 400 penalty units for a body corporate.
5.2.36 Property Protection Assessment
        (1) For the purpose of complying with
            regulation 5.2.35, the operator of a major hazard
            facility must conduct a comprehensive and
            systematic Property Protection Assessment in
            accordance with this regulation for matters


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                        relating to protection of property that have not
                        previously been considered in Divisions 3 and 4.
                    (2) A Property Protection Assessment must include
                        all relevant procedures set out in regulation 5.2.7
                        for a Safety Assessment.
                    (3) The operator may—
                         (a) conduct and document the Property
                             Protection Assessment required by this
                             regulation in conjunction with the Safety
                             Assessment required by regulation 5.2.7; and
                         (b) incorporate the contents of the Property
                             Protection Assessment into the Safety
                             Assessment conducted under
                             regulation 5.2.7.
                    (4) A person who contravenes subregulation (1) is
                        liable for that contravention to a penalty not
                        exceeding—
                         (a) 100 penalty units for a natural person; or
                         (b) 400 penalty units for a body corporate.
            5.2.37 Review of Property Protection Assessment
                    (1) The operator of a major hazard facility must
                        review, and if necessary, revise the existing
                        Property Protection Assessment for that facility—
                         (a) if there has been a change to the
                             circumstances—
                               (i) of a Safety Case under Division 4; or
                               (ii) that formed part of the initial Property
                                    Protection Assessment; or
                         (b) after receiving a request from a health and
                             safety representative to review the
                             Assessment.




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(2) A health and safety representative may make a
    request under subregulation (1)(b) if the health
    and safety representative believes on reasonable
    grounds that—
     (a) a change to circumstances referred to in
         subregulation (1)(a) has occurred; or
     (b) the operator has failed to take account of any
         change to the circumstances referred to in
         subregulation (1)(a) in conducting a review
         of, or revising, the Property Protection
         Assessment.
(3) A person who contravenes subregulation (1) is
    liable for that contravention to a penalty not
    exceeding—
     (a) 100 penalty units for a natural person; or
     (b) 400 penalty units for a body corporate.
           __________________




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                              PART 5.3—MINES

                     Division 1—Introductory matters

           5.3.1 What is a mine?
                     For the purposes of this Part, a mine is—
                      (a) a workplace at which work is being done
                          under a mining licence within the meaning of
                          the Mineral Resources (Sustainable
                          Development) Act 1990; or
                      (b) a workplace at which exploration, within the
                          meaning of the Mineral Resources
                          (Sustainable Development) Act 1990, in
                          the form of—
                            (i) underground work of any kind; or
                            (ii) drilling from the surface for coal-bed
                                 methane—
                          is being done under an exploration licence
                          within the meaning of the Mineral
                          Resources (Sustainable Development) Act
                          1990; or
                      (c) in relation to a tourist mine within the
                          meaning of the Mineral Resources
                          (Sustainable Development) Act 1990, those
                          parts of the mine that are underground and
                          all infrastructure and plant associated with
                          the underground workings; or
                      (d) the leased area within the meaning of the
                          Mines (Aluminium Agreement) Act 1961.




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5.3.2 What is a mining hazard?
      (1) For the purposes of this Part, a mining hazard is
          any activity, procedure, plant, process, substance,
          situation or other circumstance that could pose a
          risk to health or safety in relation to—
           (a) ground control;
           (b) slope stability;
           (c) rock falls;
           (d) rock bursts;
           (e) susceptibility to seismic activity;
           (f) inrush of water or semi-solids;
           (g) shaft sinking or winding;
           (h) mining plant, including mobile plant and
               remote control equipment;
            (i) heavy transport equipment;
            (j) mine fires or explosions;
           (k) gas outbursts;
            (l) loss of ventilation;
          (m) airborne dust;
           (n) radiation from rock strata or other sources;
           (o) proximity to dangerous openings;
           (p) tailings dams;
           (q) exposure to sodium cyanide and its reaction
               products;
           (r) any other matter determined by the Authority
               under subregulation (2)—
          but does not include a major incident hazard.




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                 (2) The Authority may determine an activity,
                     procedure, plant, process, substance, situation or
                     other circumstance to be a mining hazard for the
                     purposes of this Part.
           5.3.3 What is a prescribed mine?
                     For the purposes of this Part a prescribed mine
                     is—
                       (a) an underground mine; or
                       (b) a mine that is determined to be a prescribed
                           mine by the Authority under
                           regulation 5.3.4; or
                       (c) a mine that is one of a class of mines that are
                           determined to be prescribed mines by the
                           Authority under regulation 5.3.4.
           5.3.4 Determination that mine is a prescribed mine
                     The Authority may determine that a mine is a
                     prescribed mine, or that a class of mines are
                     prescribed mines, for the purposes of this Part.
           5.3.5 Inquiry before making determination
                 (1) The Authority must not make a determination
                     under regulation 5.3.4 unless the Authority has
                     conducted an inquiry under this regulation.
                 (2) The Authority must give the operator of the mine
                     that may be the subject of a determination under
                     regulation 5.3.4 written notice of the Authority's
                     intention to conduct an inquiry.
                 (3) A notice under subregulation (2) must—
                       (a) state the subject of the inquiry and the
                           reasons for conducting it; and
                       (b) invite the operator to make submissions in
                           relation to the inquiry within 14 days of the
                           date of the notice.




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      (4) The Authority must consider any submissions
          made by the operator.
5.3.6 Drugs and alcohol
          In this Part, a person is adversely affected by
          alcohol or drugs if the person's judgment or
          capacity is impaired to the extent that the person
          may expose the person's or another person's health
          or safety to a risk.

      Division 2—Safety duties of mine operators

       Subdivision 1—Risk control in all mines

5.3.7 Identification of mining hazards and assessment of
      risk
      (1) The operator of a mine must so far as is
          reasonably practicable—
            (a) identify all mining hazards at the mine; and
            (b) assess the risks to health or safety associated
                with all mining hazards at the mine.
          Note
          Act compliance—sections 21, 23 and 26 (see
          regulation 1.1.7).
      (2) In assessing the risks to health or safety associated
          with a mining hazard, the operator must have
          regard to—
            (a) the nature of the mining hazard; and
            (b) the likelihood of the mining hazard causing,
                or contributing to, any harm to any person;
                and
            (c) the severity of the harm that may be caused.




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           5.3.8 Control of risk
                  (1) The operator of a mine must adopt risk control
                      measures that—
                       (a) eliminate so far as is reasonably practicable
                           risks to health or safety associated with any
                           mining hazards at the mine; or
                       (b) if it is not reasonably practicable to eliminate
                           those risks, reduce those risks so far as is
                           reasonably practicable.
                      Note
                      Act compliance—sections 21, 23 and 26 (see
                      regulation 1.1.7).
                  (2) For the purpose of complying with subregulation
                      (1), the operator must, so far as is reasonably
                      practicable, use one or any combination of the
                      following risk control measures—
                       (a) the substitution of a new activity, procedure,
                           plant, process or substance for that which is
                           related to the relevant mining hazard;
                       (b) the isolation of persons from the mining
                           hazard;
                       (c) engineering controls.
                      Note
                      Act compliance—sections 21, 23 and 26 (see
                      regulation 1.1.7).
                  (3) If an operator has complied with subregulation (1)
                      so far as is reasonably practicable and a risk to
                      health or safety remains, the operator must, so far
                      as is reasonably practicable, use administrative
                      controls.
                      Note
                      Act compliance—sections 21, 23 and 26 (see
                      regulation 1.1.7).




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      (4) If an operator has complied with subregulations
          (2) and (3) so far as is reasonably practicable and
          a risk to health or safety remains, the operator
          must provide appropriate personal protective
          equipment to persons at risk.
          Note
          Act compliance—sections 21, 23 and 26 (see
          regulation 1.1.7).
5.3.9 Review by operator
      (1) In order to ensure that an operator of a mine is
          complying with regulation 5.3.8(1) by adopting
          appropriate risk control measures, the operator
          must review and, if necessary, revise—
           (a) the identification of mining hazards; and
           (b) the assessment of risks to health or safety
               associated with mining hazards; and
           (c) the risk control measures adopted.
          Note
          Act compliance—sections 21, 23 and 26 (see
          regulation 1.1.7).
      (2) A review under subregulation (1) must be
          conducted—
           (a) before any mine modification is made; or
           (b) after any incident involving a mining hazard
               occurs at the mine; or
           (c) if the operator has removed a person from
               the person's work or assigned the person to
               alternative work in the circumstances
               described in regulation 5.3.16(2); or




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                         (d) after receiving a request from a health and
                             safety representative—
                        and in any event at least once every 3 years.
                        Note
                        Act compliance—sections 21, 23 and 26 (see
                        regulation 1.1.7).
                    (3) A health and safety representative may make a
                        request under subregulation (2)(d) if the health
                        and safety representative believes on reasonable
                        grounds that—
                         (a) any of the circumstances referred to in
                             subregulations (2)(a) to (2)(c) exists; or
                         (b) the operator has failed—
                                 (i) to properly review the risk control
                                     measures; or
                                (ii) to take account of any of the
                                     circumstances referred to in
                                     subregulations (2)(a) to (2)(c) in
                                     conducting a review of the risk control
                                     measures.

                Subdivision 2—Specific safety duties in all mines

            5.3.10 Application of this Subdivision
                        Nothing in this Subdivision limits the generality
                        of the requirements imposed by Subdivision 1.
            5.3.11 Who may enter mine
                        The operator of a mine must ensure that—
                         (a) no person, other than an inspector, or a
                             person authorised under section 87 of the
                             Act, enters the mine without permission;
                               Note
                               Section 87 of the Act allows for entry at a workplace
                               by an authorised representative of a registered




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                  employee organisation if that representative
                  reasonably suspects there has been a contravention of
                  the Act.
             (b) no person under the age of 16 years is
                 employed at the mine;
             (c) no employee under the age of 18 years works
                 underground.
           Note
           Act compliance—sections 21, 23 and 26 (see
           regulation 1.1.7).
5.3.12 Alcohol and drugs
       (1) The operator of a mine must develop and
           implement strategies to protect persons at the
           mine from any risk to their health or safety arising
           from the consumption of alcohol or the use of
           drugs by any person.
           Note
           Act compliance—sections 21, 23 and 26 (see
           regulation 1.1.7).
       (2) Strategies under this regulation must include the
           introduction of risk control measures on the
           presence and use of alcohol and drugs at the mine
           during working hours.
       (3) Without limiting the generality of subregulations
           (1) and (2), the operator of a mine must ensure
           that—
             (a) a person who, in the opinion of the operator,
                 is adversely affected by alcohol or drugs
                 does not enter or remain at the mine; and




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                         (b) a person only uses drugs at the mine if a
                             registered medical practitioner has
                             prescribed the drugs and authorised their use
                             at the mine.
                        Note
                        Act compliance—sections 21, 23 and 26 (see
                        regulation 1.1.7).
            5.3.13 Employee fatigue
                    (1) The operator of a mine must develop and
                        implement strategies for the control of any risks to
                        health or safety associated with employee fatigue.
                        Note
                        Act compliance—sections 21, 23 and 26 (see
                        regulation 1.1.7).
                    (2) Strategies under this regulation must include work
                        arrangements that eliminate employee fatigue so
                        far as is reasonably practicable.
            5.3.14 Health surveillance
                    (1) The operator of a mine must arrange for the
                        ongoing health surveillance of an employee—
                         (a) who, in view of the nature of the employee's
                             work at the mine, is exposed to a mining
                             hazard that may reasonably be expected to
                             have a detrimental effect on the employee's
                             health; or
                         (b) if the operator, in consultation with a
                             registered medical practitioner, reasonably
                             believes that, in view of the nature of the
                             employee's work at the mine, the health of
                             the employee exposes the employee or any
                             other person at the mine to a risk to the
                             employee's or other person's health or safety.
                        Note
                        Act compliance—section 22(1) (see regulation 1.1.7).




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        (2) The monitoring of an employee's health may
            include a medical examination which must be
            conducted—
             (a) only in relation to the employee's work at the
                 mine;
             (b) by, or under the supervision of, a registered
                 medical practitioner;
             (c) at a frequency determined by the operator in
                 consultation with a registered medical
                 practitioner.
            Note
            Sections 35 and 36 of the Act set out the duty of the
            employer to consult, including involving the health and
            safety representative (if any). (See also regulation 2.1.5).
        (3) The duties of an operator to employees under this
            regulation extend to an independent contractor.
            Note
            Act compliance—section 23 (see regulation 1.1.7).
5.3.15 Report of health surveillance
        (1) The operator of a mine must, in relation to health
            surveillance that is conducted in relation to a
            person under regulation 5.3.14, ensure that the
            person who conducted the monitoring prepares a
            report of the results of the monitoring, that
            includes—
             (a) an explanation of the results of the
                 monitoring; and
             (b) any indications of detrimental health effects
                 identified by the registered medical
                 practitioner who conducted or supervised the
                 monitoring; and




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                         (c) any recommendations by the registered
                             medical practitioner as to measures that the
                             operator should take in relation to the
                             person's work.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
                    (2) The operator of a mine must—
                         (a) obtain a copy of the health surveillance
                             report under subregulation (1); and
                         (b) ensure that a copy of the report is provided to
                             the employee to whom the report relates on
                             the same day that it is obtained by the
                             operator.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
            5.3.16 Notice to Authority
                    (1) The operator of a mine must notify the Authority
                        in writing of the name of each registered medical
                        practitioner involved in the conduct of health
                        surveillance under regulation 5.3.14.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
                    (2) If a report under regulation 5.3.15 provided to the
                        operator of a mine indicates detrimental health
                        effects in relation to a person and, as a result of
                        the report, the operator removes the person from
                        the person's work or assigns the person to
                        alternative work, the operator must notify the
                        Authority in writing as soon as is reasonably
                        possible.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.




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5.3.17 Report provided on person ceasing work at mine
           The operator of a mine must ensure that the
           original report prepared under regulation 5.3.15 in
           relation to a person is returned to the person if the
           person ceases to work at the mine.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
5.3.18 Communication in the event of an employee
       working alone
           The operator of the mine must ensure, so far as is
           reasonably practicable, that there are available
           means for constant communication with an
           employee who is working alone at an isolated
           location at a mine.
           Note
           Act compliance—section 21 (see regulation 1.1.7).
5.3.19 Communication in respect of shift change-over
           The operator of a mine must ensure that there is a
           system by which—
             (a) the supervisor of each outgoing shift
                 provides a written report to the supervisor of
                 the incoming shift, in relation to the state of
                 the mine workings and plant and any other
                 matters that relate to health or safety; and
             (b) the supervisor of the incoming shift
                 communicates the content of the report
                 provided under paragraph (a) to the
                 employees on the incoming shift.
           Note
           Act compliance—sections 21, 23 and 26 (see
           regulation 1.1.7).




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              Subdivision 3—Additional duties in prescribed mines

            5.3.20 Application of this Subdivision
                        Nothing in this Subdivision limits the
                        requirements imposed by Subdivisions 1 and 2 on
                        operators of prescribed mines.
            5.3.21 Safety Management System
                    (1) The operator of a prescribed mine must establish
                        and implement a Safety Management System for
                        the mine, in accordance with this regulation.
                        Note
                        Act compliance—sections 21, 23 and 26 (see
                        regulation 1.1.7).
                    (2) The operator must use the Safety Management
                        System as the primary means of ensuring the safe
                        operation of the mine.
                        Note
                        Act compliance—sections 21, 23 and 26 (see
                        regulation 1.1.7).
                    (3) A Safety Management System must—
                         (a) be documented; and
                         (b) provide a comprehensive and integrated
                             management system for all risk control
                             measures adopted under regulation 5.3.8; and
                         (c) be set out and expressed in a way that is
                             readily comprehensible to persons who use
                             it; and
                         (d) contain a description of the Safety
                             Assessment conducted under
                             regulation 5.3.23; and
                         (e) contain a description of the operator's safety
                             policy; and




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            (f) set out the systems, procedures and other risk
                control measures by means of which risks to
                health or safety associated with mining
                hazards are to be controlled; and
            (g) set out the performance standards for
                measuring the effectiveness of the Safety
                Management System, that—
                  (i) relate to all aspects of the Safety
                      Management System; and
                  (ii) are sufficiently detailed to enable the
                       operator to ensure that the effectiveness
                       of all aspects of the Safety Management
                       System is apparent; and
                 (iii) include steps that are to be taken to
                       continually improve the Safety
                       Management System; and
            (h) set out the way in which performance
                standards are to be met; and
            (i) set out the process, including method and
                frequency, for the audit of the effectiveness
                of the Safety Management System against
                the performance standards; and
            (j) be kept available for inspection on request
                under the Act.
5.3.22 Review of Safety Management System
          The operator of a mine must review and, if
          necessary, revise the Safety Management
          System—
            (a) if a mine modification is to be made; or




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                         (b) if an incident involving a mining hazard
                             occurs—
                       and in any event at least once every 3 years.
                       Note
                       Act compliance—sections 21, 23 and 26 (see
                       regulation 1.1.7).
            5.3.23 Safety Assessment of major mining hazards
                   (1) In order to assess the risks associated with major
                       mining hazards, the operator of a prescribed mine
                       must conduct a comprehensive and systematic
                       Safety Assessment in accordance with this
                       regulation.
                       Note
                       Act compliance—sections 21, 23 and 26 (see
                       regulation 1.1.7).
                   (2) A Safety Assessment must involve an
                       investigation and analysis of the major mining
                       hazards in order to provide the operator with a
                       detailed understanding of all aspects of risks to
                       health or safety associated with major mining
                       hazards.
                   (3) In conducting a Safety Assessment under this
                       regulation, the operator must—
                         (a) consider the major mining hazards
                             cumulatively as well as individually; and
                         (b) use assessment methods (whether
                             quantitative or qualitative, or both) that are
                             appropriate to the major mining hazards
                             being considered.
                   (4) The operator must document all aspects of the
                       Safety Assessment, and the documentation
                       must—
                         (a) describe the methods used in the
                             investigation and analysis; and



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             (b) state—
                   (i) the nature of each major mining hazard;
                       and
                   (ii) the likelihood of the major mining
                        hazard causing, or contributing to
                        causing, any harm to any person; and
                  (iii) the severity of the harm that may be
                        caused; and
             (c) contain reasons for the decisions reached
                 about the matters referred to in paragraphs
                 (b)(ii) and (b)(iii); and
             (d) describe all measures considered for the
                 control of risks associated with major mining
                 hazards; and
             (e) describe the reasons for adopting, or
                 rejecting all risk control measures
                 considered; and
             (f) be set out and expressed in a way that is
                 readily comprehensible to all who use it; and
             (g) be kept available for inspection on request
                 under the Act.
5.3.24 Testing risk control measures for major mining
       hazards
           The operator of a prescribed mine must, in
           relation to the control of risk associated with
           major mining hazards, test all risk control
           measures documented under regulation
           5.3.21(3)(f) as often as necessary to ensure
           compliance with regulation 5.3.8 in relation to
           those hazards.
           Note
           Act compliance—sections 21, 23 and 26 (see
           regulation 1.1.7).




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            5.3.25 Safety role for employees
                    (1) The operator of a prescribed mine must develop a
                        role for the operator's employees, including the
                        specific procedures employees are required to
                        follow to assist the operator to—
                            (a) identify mining hazards at the mine under
                                regulation 5.3.7;
                            (b) conduct a Safety Assessment under
                                regulation 5.3.23;
                            (c) adopt, review and test risk control measures
                                under regulations 5.3.8, 5.3.9 and 5.3.24;
                            (d) establish and implement a Safety
                                Management System under
                                regulation 5.3.21.
                        Notes
                        1      Act compliance—section 21 (see regulation 1.1.7).
                        2      Sections 35 and 36 of the Act set out the duty of the
                               employer to consult, including involving the health and
                               safety representative (if any). (See also regulation
                               2.1.5). See also the consultation requirements in
                               Division 3 of this Part.
                    (2) The operator of a prescribed mine must review the
                        role of the employees developed under this
                        regulation if there is any change of circumstances,
                        including a mine modification, that would require
                        additional or different knowledge or skills on the
                        part of employees to perform the role.
                        Note
                        Act compliance—section 21 (see regulation 1.1.7).




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5.3.26 Shafts and winding
           The operator of a prescribed mine must—
             (a) ensure that every winding system for a shaft
                 at the mine includes—
                   (i) ropes that will enable the shaft
                       conveyance to bear the weight that can
                       reasonably be expected to be borne by
                       the shaft conveyance; and
                   (ii) controls and limiting devices to prevent
                        any shaft conveyance from being
                        overwound or overrun or from
                        travelling at an unsafe speed; and
                  (iii) devices that detect slack rope or drum
                        slip conditions, or tail rope
                        malfunctions; and
                  (iv) devices that cause the winder to stop
                       when a condition or malfunction
                       referred to in subparagraph (iii) is
                       detected; and
                   (v) an appropriate means of
                       communication to and from every
                       entrance to the winder room that is in
                       use; and
             (b) ensure that the ropes in the winding system
                 of any shaft are tested regularly to ensure the
                 safe performance of the ropes; and
             (c) if a shaft conveyance carrying persons and a
                 shaft conveyance carrying material operate
                 in the same shaft, ensure that the persons
                 being carried are adequately protected from
                 the shaft conveyance carrying material and
                 from any material that might leave its shaft
                 conveyance and cause injury; and




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                (d) if a shaft conveyance that combines a cage
                    and skip is used, ensure that material is not
                    carried in the skip while persons are being
                    carried in the cage; and
                (e) ensure that energy lockout devices are fitted
                    to all mechanical and electrical plant
                    associated with any shaft at the mine,
                    including any mechanical and electrical plant
                    associated with the operation, maintenance
                    or use of the shaft; and
                (f) ensure that material or plant being carried in
                    shaft conveyances—
                      (i) does not protrude from the shaft
                          conveyance while the shaft conveyance
                          is moving; and
                      (ii) is so secured within the shaft
                           conveyance that it cannot leave the
                           shaft conveyance except by being
                           removed deliberately; and
                (g) ensure that, in relation to the automatic
                    winding system for any shaft at the mine—
                      (i) the functions of the winder can be
                          monitored from outside the winder
                          house; and
                      (ii) warning systems are installed to alert
                           persons at the mine of any emergency
                           in the shaft; and
                     (iii) radio or other means of communication
                           between the surface and any shaft
                           conveyance carrying persons is
                           provided and maintained; and




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             (h) ensure that facilities for loading material or
                 plant onto or into a shaft conveyance are
                 designed and operated so as to prevent
                 spillage into the shaft.
           Note
           Act compliance—sections 21, 23 and 26 (see
           regulation 1.1.7).
5.3.27 Progress of mine workings
           The operator of a prescribed mine must—
             (a) if any underground mine workings are, or
                 may be, near or approaching an area that
                 contains water or flammable, toxic or
                 noxious gases that may pose a risk to the
                 health or safety of any person at the mine—
                   (i) ensure that the person is at all times
                       aware of the location of the faces being
                       advanced; and
                   (ii) cause bore-holes to be drilled from the
                        workings that will indicate the presence
                        and location of the water or gas; and
             (b) if any underground workings are proposed to
                 be connected to other workings (including
                 disused workings), ensure that the other
                 workings are inspected for water, gas,
                 misfires, butts and any other circumstance
                 that may pose a risk to the health or safety of
                 any person at the mine; and
             (c) if two working faces are approaching each
                 other, ensure that one of the workings is
                 stopped, made safe and barricaded as soon as
                 is reasonably practicable before the distance
                 separating the faces is reduced to 10 metres.
           Note
           Act compliance—sections 21, 23 and 26 (see
           regulation 1.1.7).




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            5.3.28 Emergency exit
                        The operator of a prescribed mine into which a
                        shaft has been sunk or a decline or adit has been
                        driven must, so far as is reasonably practicable—
                         (a) provide for a means of exiting the mine
                             workings in addition to the hoisting shaft or
                             the exit normally used; and
                         (b) ensure that the additional exit is—
                               (i) maintained so that it remains a
                                   functional exit; and
                               (ii) marked or signposted so that it can be
                                    readily located in the event of an
                                    incident.
                        Note
                        Act compliance—sections 21, 23 and 26 (see
                        regulation 1.1.7).
            5.3.29 Filling
                        The operator of a prescribed mine must, so far as
                        is reasonably practicable, ensure that the material
                        used for the filling of mined out areas does not
                        pose a risk to the health or safety of any person.
                        Note
                        Act compliance—sections 21, 23 and 26 (see
                        regulation 1.1.7).
            5.3.30 Working environment
                    (1) The operator of a prescribed mine must ensure
                        that—
                         (a) the air throughout the mine is maintained at a
                             safe level; and
                         (b) the atmosphere is subject to controls that
                             prevent thermal stress; and




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             (c) the moisture content of the atmosphere is
                 maintained at a level that enables work to be
                 performed safely; and
             (d) lighting within the mine is sufficient to
                 enable work to be performed safely.
           Note
           Act compliance—sections 21, 23 and 26 (see
           regulation 1.1.7).
       (2) Without limiting subregulation (1)(a), the air is at
           a safe level if the air—
             (a) contains a safe oxygen level; and
             (b) does not contain a harmful level of any
                 contaminant or impurity, including a
                 concentration of any hazardous substance
                 that is above the exposure standard (if any)
                 for that hazardous substance or any or all of
                 its ingredients.
5.3.31 Ventilation system
       (1) The operator of a prescribed mine must ensure
           that—
             (a) ventilation circuits at the mine do not allow
                 airflows to recirculate; and
             (b) structures that regulate airflow are
                 maintained in operating condition; and
             (c) air does not pass through so many work
                 areas that it becomes unfit to breathe; and
             (d) dead-end openings are not worked unless
                 adequate auxiliary ventilation is provided;
                 and




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                         (e) underground workings are not ventilated
                             with contaminated air.
                       Note
                       Act compliance—sections 21, 23 and 26 (see
                       regulation 1.1.7).
                   (2) The operator of a prescribed mine must regularly
                       monitor and test the operation of all aspects of the
                       ventilation system at the mine to ensure that the
                       system complies with subregulation (1).
                       Note
                       Act compliance—section 22(1) (see regulation 1.1.7).
            5.3.32 Record of monitoring and testing
                   (1) The operator of a prescribed mine must, in
                       accordance with subregulation (2), make and
                       retain a record of the monitoring and testing of the
                       ventilation system under regulation 5.3.31.
                       Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
                   (2) The record of the monitoring and testing of the
                       ventilation system must be set out and expressed
                       in a way that is readily comprehensible to all who
                       use it.
                   (3) The operator of a prescribed mine must keep the
                       record made under this regulation available for
                       inspection on request under the Act.
                       Penalty: 5 penalty units for a natural person;
                                   25 penalty units for a body corporate.




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5.3.33 Prohibitions
           The operator of a prescribed mine must not allow
           the following to be used underground—
             (a) an internal combustion engine (other than a
                 compression ignition engine); or
             (b) polyurethane foam.
           Note
           Act compliance—sections 21, 23 and 26 (see
           regulation 1.1.7).
5.3.34 Emergency plan
       (1) The operator of a prescribed mine must prepare an
           emergency plan for the mine in accordance with
           this regulation.
           Note
           Act compliance—sections 21, 23 and 26 (see
           regulation 1.1.7).
       (2) The operator must use the emergency plan as the
           primary means of responding to incidents
           involving a significant risk of serious injury or
           death.
           Note
           Act compliance—sections 21, 23 and 26 (see
           regulation 1.1.7).
       (3) The emergency plan must—
             (a) address all aspects of emergency response,
                 including—
                   (i) ensuring that a system exists that
                       enables all persons within the mine at
                       any given time to be promptly located;
                       and
                   (ii) the provision of adequate rescue
                        equipment; and




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                       (iii) ensuring that persons trained in the use
                             of rescue equipment are available on
                             site, or are on call, whenever any
                             person is working at the mine; and
                 (b) be prepared in conjunction with—
                        (i) the emergency services that have
                            responsibility for the area in which the
                            mine is located; and
                       (ii) in relation to major mining hazards that
                            could detrimentally affect the health or
                            safety of people in the area surrounding
                            the mine, the municipal council in that
                            area; and
                 (c) be documented in a form that it is readily
                     comprehensible to persons who use it; and
                 (d) be kept available for inspection on request
                     under the Act.
            (4) After preparing the emergency plan, the operator
                of the prescribed mine must—
                 (a) keep a copy of the emergency plan at the
                     mine for use by the emergency services
                     consulted under subregulation (3)(b)(i); and
                 (b) inform the emergency services of the
                     location of the copy of the emergency plan;
                     and
                 (c) forward a copy of the emergency plan to
                     those emergency services.
                Note
                Act compliance—sections 21, 23 and 26 (see
                regulation 1.1.7).




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        (5) The operator of a prescribed mine must at least
            once a year—
             (a) test the emergency plan in order to ensure its
                 continued effectiveness; and
             (b) take all necessary steps to arrange for the
                 emergency services consulted under
                 subregulation (3)(b)(i) to participate in those
                 tests.
            Note
            Act compliance—sections 21, 23 and 26 (see
            regulation 1.1.7).
5.3.35 Self-rescue
        (1) The operator of an underground mine must ensure
            that every person who goes underground—
             (a) is, so far as is reasonably practicable,
                 provided with a self-contained self-rescuer
                 or, if this is not reasonably practicable, is
                 provided with a filter self-rescuer; and
             (b) is trained in the operation and use of the self-
                 rescuer provided.
            Note
            Act compliance—sections 21, 23 and 26 (see
            regulation 1.1.7).
        (2) This regulation does not apply in relation to a
            person (including a guide, if any) participating in
            an organised tour of a tourist mine within the
            meaning of the Mineral Resources (Sustainable
            Development) Act 1990.
5.3.36 Plan of mine
        (1) The operator of a prescribed mine must ensure
            that a detailed plan of the mine is kept at the mine.
            Note
            Act compliance—sections 21, 23 and 26 (see
            regulation 1.1.7).



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                    (2) The plan must clearly show—
                         (a) the workings, including disused workings of
                             the mine;
                         (b) the ventilation system, including all
                             ventilation fans;
                         (c) the location of switchboards, transformers
                             and other fixed plant associated with the
                             distribution of electricity;
                         (d) the location of telephones and other fixed
                             plant associated with the radio and
                             telecommunications systems;
                         (e) water dams and tailings dams;
                         (f) natural features surrounding the mine;
                         (g) places where hydrocarbons or explosives are
                             stored;
                         (h) emergency exits.
                    (3) The operator of the prescribed mine must revise
                        the plan regularly so that it always accurately
                        shows which mine workings are still in use and
                        which are disused.
                        Note
                        Act compliance—sections 21, 23 and 26 (see
                        regulation 1.1.7).
            5.3.37 Plan of mine to be available for inspection
                        The operator of a prescribed mine must keep the
                        plan of the mine, prepared and revised under
                        regulation 5.3.36, available for inspection on
                        request under the Act.
                        Penalty: 5 penalty units for a natural person;
                                   25 penalty units for a body corporate.




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       Division 3—Consultation and information

5.3.38 Consultation with employees and health and safety
       representatives
           For the purposes of section 35(1) of the Act, the
           operator of a mine must consult in relation to—
             (a) developing and implementing strategies
                 under regulations 5.3.12 and 5.3.13; and
             (b) in the case of a prescribed mine—
                   (i) implementing a Safety Management
                       System under regulation 5.3.21; and
                   (ii) conducting a Safety Assessment under
                        regulation 5.3.23; and
                  (iii) developing, under regulation 5.3.25, a
                        safety role for employees; and
                  (iv) preparing or reviewing and revising an
                       emergency plan under
                       regulation 5.3.34.
           Note
           See section 35 of the Act. Sections 35 and 36 of the Act set
           out the duty of the employer to consult, including involving
           the health and safety representative (if any). (See also
           regulation 2.1.5).
5.3.39 Information about adoption of control measure
           If, after consulting pursuant to section 35 of the
           Act, the operator adopts a risk control measure in
           relation to a major mining hazard, the operator
           must inform the health and safety representative
           and, if there is no health and safety representative,
           the employees of—
             (a) the reasons for adopting the measure; and




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                         (b) the reasons for rejecting any alternative risk
                             control measures that had been discussed
                             during the consultation.
                        Penalty: 60 penalty units for a natural person;
                                    300 penalty units for a body corporate.
            5.3.40 Information, instruction and training
                    (1) In addition to the matters set out in
                        regulation 2.1.2, the operator of a mine must
                        provide information, instruction and training to
                        employees of the operator at the mine in relation
                        to—
                         (a) all mining hazards at the mine;
                         (b) the implementation of risk control measures
                             adopted under regulation 5.3.8;
                         (c) the strategies developed, and implemented
                             and maintained under regulation 5.3.12
                             or 5.3.13;
                         (d) in the case of prescribed mines—
                                (i) the content and implementation of the
                                    Safety Management System established
                                    under regulation 5.3.21;
                               (ii) the emergency plan prepared under
                                    regulation 5.3.34;
                               (iii) the safety role for employees developed
                                     under regulation 5.3.25.
                        Note
                        Act compliance—section 21 (see regulation 1.1.7).
                    (2) The operator of a mine must ensure that the
                        information, instruction and training provided is
                        monitored, reviewed and, if necessary, revised in
                        order to remain relevant and effective.
                        Note
                        Act compliance—section 21 (see regulation 1.1.7).



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5.3.41 Record of training
           The operator of a mine must make a record of all
           training provided to an employee under
           regulation 5.3.40 and retain that record while that
           employee is employed at the mine.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
5.3.42 Further information and availability of documents
       in respect of prescribed mines
           The operator of a prescribed mine must ensure
           that the following are readily accessible to
           employees of the operator—
             (a) the documented Safety Management System
                 established under regulation 5.3.21; and
             (b) the emergency plan prepared under
                 regulation 5.3.34; and
             (c) the plan of the mine prepared under
                 regulation 5.3.36.
           Note
           Act compliance—section 21 (see regulation 1.1.7).
5.3.43 Response to employee alert at prescribed mine
           If an employee of an operator gives information
           about a major mining hazard under regulation
           5.3.47(c) to the operator of a prescribed mine, the
           operator must inform the employee of what, if
           any, investigative or other action has been taken in
           response to the information.
           Note
           Act compliance—section 21 (see regulation 1.1.7).




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            5.3.44 Information to visitors
                        The operator of a mine must ensure that any
                        person other than an employee of the operator
                        who enters a mine is, as soon as is reasonably
                        possible after entering—
                         (a) informed about any mining hazards to which
                             the person might be exposed while at the
                             mine; and
                         (b) instructed in the safety precautions the
                             person should take while at the mine; and
                         (c) in the case of a prescribed mine, instructed
                             about the action the person should take in the
                             event of the emergency plan being activated
                             while the person is at the mine.
                        Note
                        Act compliance—sections 23 and 26 (see regulation 1.1.7).
            5.3.45 Information to job applicants
                        If a person applies to work at a mine, the
                        employer, before employing the person to work at
                        the mine, must provide the person with
                        information about the purpose, and the type or
                        nature, of the medical examinations and other
                        health surveillance that are required under this
                        Part to be conducted in respect of employees.
                        Penalty: 60 penalty units for a natural person;
                                    300 penalty units for a body corporate.




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            Division 4—Duties of employees

5.3.46 General requirements
       (1) An employee of an operator at a mine must—
            (a) wear or use appropriate personal protective
                equipment or rescue equipment provided by
                the operator under this Part in accordance
                with instructions given by the operator;
            (b) follow all other instructions given by the
                operator in complying with any provision of
                this Part;
            (c) alert immediate co-workers to any mining
                hazard of which he or she becomes aware;
            (d) if the employee observes any person who
                appears to be in such a condition as to be a
                danger to himself or herself or to any other
                person at the mine, inform the operator of
                this;
            (e) not enter or remain at the mine if adversely
                affected by alcohol or drugs;
            (f) not, without the permission of the operator,
                take into the mine—
                  (i) any alcohol; or
                  (ii) any drugs that may adversely affect the
                       employee (whether or not a registered
                       medical practitioner has prescribed the
                       drugs and authorised their use at work).
       (2) An employee at a mine must, in the event of an
           incident occurring that involves a mining hazard,
           take appropriate corrective action in accordance
           with the instruction and training the employee has
           received under regulation 5.3.40.




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                   (3) An employee taking corrective action under
                       subregulation (2)—
                         (a) must do so without placing the employee or
                             any other person at risk;
                         (b) must do so even if that corrective action
                             could interrupt the operation of the mine.
                   (4) Compliance by an employee with subregulations
                       (1), (2) and (3) in respect of a matter is the way
                       that the employee complies with the employee's
                       duty under section 25(1) of the Act in respect of
                       that matter.
            5.3.47 Major mining hazards in prescribed mines
                       An employee at a prescribed mine must—
                         (a) participate in the testing, under
                             regulation 5.3.34, of the emergency plan for
                             the mine;
                         (b) follow the emergency plan for the mine
                             when it is activated;
                         (c) immediately inform the operator of any
                             circumstance of any kind that the employee
                             considers might be a major mining hazard.
                       Note
                       Act compliance—section 25 (see regulation 1.1.7).
                               __________________




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CHAPTER 6—LICENSING AND REGISTRATION

                  PART 6.1—LICENCES

                Division 1—Applications

          Subdivision 1—General provisions

6.1.1 Matters to be included in licence applications
           An applicant for a licence must include the
           following in the application—
            (a) any evidence or proof of identity required by
                the Authority; and
            (b) if required by the Authority, a photograph of
                the applicant of the size, and in the form,
                specified by the Authority; and
            (c) a declaration as to whether or not the
                applicant (and in the case of a body
                corporate, any officer of the applicant body
                corporate) has ever been found guilty of any
                offence under any relevant occupational
                health and safety legislation; and
            (d) if the applicant (and in the case of a body
                corporate, any officer of the applicant body
                corporate) has had such a finding of guilt
                recorded, details of every such finding,
                including when and where it occurred,
                details of the offence in respect of which it
                occurred and a brief description of the
                circumstances of the offence; and
            (e) a declaration as to whether the applicant (and
                in the case of a body corporate, any officer
                of the applicant body corporate) has ever
                previously had a licence or approval
                suspended or cancelled under any relevant


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                            occupational health and safety legislation,
                            and if so, details of the suspension or
                            cancellation; and
                       (f) a declaration to the effect that the
                           information contained in the application is,
                           to the best of the applicant's knowledge, true;
                           and
                       (g) if the applicant seeks to have the licence
                           granted in the name of a business, a copy of
                           the business registration.
                     Note
                     Regulation 7.1.1 enables the Authority to specify the form
                     of the application, how it is to be made and to specify other
                     information and documents that must be included in or with
                     applications. There are also additional requirements that
                     must be complied with in relation to applications for
                     particular types of licences—see Subdivision 2 (high risk
                     work licences), Subdivision 3 (asbestos removal licences),
                     Subdivision 4 (carcinogens licences) and Subdivision 5
                     (major hazard facility licences).
           6.1.2 Application fees
                 (1) An application for a licence must be accompanied
                     by—
                       (a) in the case of a high risk work licence, a fee
                           of $60 in respect of each class of work for
                           which a licence is sought;
                       (b) in the case of a Class A asbestos removal
                           licence, a fee of $507;
                       (c) in the case of a Class B asbestos removal
                           licence, a fee of $469.
                 (2) Despite subregulation (1), if a person applies for a
                     high risk work licence to perform a class or
                     classes of work that he or she is authorised to
                     perform under one or more certificates of
                     competency (as defined in regulation 8.2.1), the
                     fee for that application is $45.



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6.1.3 How licence applications are to be dealt with
       (1) The Authority must refuse to grant an application
           for a licence if—
            (a) the application has not been made in
                accordance with these Regulations; or
            (b) it is not satisfied—
                  (i) in the case of an application for a
                      licence other than a major hazard
                      facility licence, that the applicant will
                      be able to carry out safely and
                      competently the activities that the
                      licence would authorise the applicant to
                      carry out if it was granted; or
                  (ii) in the case of an application for a major
                       hazard facility licence, that the
                       applicant will be able to safely and
                       competently operate the major hazard
                       facility that is the subject of the
                       application; or
            (c) it is not satisfied that the applicant is likely to
                comply with the terms and conditions that
                will apply to the licence; or
            (d) it is not satisfied as to the identity of the
                applicant; or
            (e) it is satisfied that the applicant—
                  (i) has provided false or misleading
                      information in the application with
                      respect to any significant detail
                      (without advising the Authority in
                      writing at the time that the information
                      was provided that it was false or
                      misleading); or




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                      (ii) has failed to disclose to the Authority
                           any significant information that should
                           have been disclosed to the Authority.
               Note
               The Authority is also required to refuse an application for a
               licence if certain additional requirements in respect of
               particular licences are not met—see Subdivision 2 (high risk
               work licences), Subdivision 3 (asbestos removal licences),
               Subdivision 4 (carcinogens licences) and Subdivision 5
               (major hazard facility licences).
           (2) If the Authority is not required to refuse to grant
               an application for a licence under
               subregulation (1) or any other provision of this
               Division, it must grant the application.
               Note
               Subdivision 4 (carcinogens licences) and Subdivision 5
               (major hazard facility licences) require the payment of a fee
               before the Authority may grant a licence to a person who is
               otherwise eligible to be granted the licence.
           (3) For the purposes of subregulations (1)(b) and
               (1)(c), the Authority may have regard to any
               matter that it considers to be relevant, including,
               for example—
                (a) any findings of guilt of the applicant (and in
                    the case of a body corporate, any officer of
                    the applicant body corporate) under any
                    relevant occupational health and safety
                    legislation; and
                (b) whether the applicant has previously had a
                    licence or approval suspended or cancelled
                    under any relevant occupational health and
                    safety legislation; and
                (c) if the applicant has previously held a licence
                    of the type that is the subject of the
                    application, the applicant's record of
                    performance while performing work under
                    that licence; and



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            (d) the applicant's record with respect to any
                matters arising under any relevant
                occupational health and safety legislation.
6.1.4 Time for processing the application
      (1) This regulation applies if the Authority receives
          an application for a licence that has been made in
          accordance with these Regulations.
      (2) The Authority must give the applicant a written
          notice stating the Authority's intention to grant, or
          to propose to refuse to grant, the licence—
            (a) subject to regulation 6.1.22, in the case of an
                application for a major hazard facility
                licence, within 6 months after receiving the
                application; or
            (b) in the case of any other application for a
                licence, within 60 days after receiving the
                application.
          Note
          Regulation 6.1.5 provides for the suspension of these
          periods in certain circumstances.
6.1.5 Authority may request additional information
      (1) If the Authority receives an application for a
          licence that does not contain sufficient
          information to enable the Authority to make a
          decision whether or not to grant the application,
          the Authority may request the applicant to provide
          additional information to enable it to make a
          decision.
      (2) A request for additional information under
          subregulation (1) must—
            (a) be made in writing; and




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                (b) specify a period within which the
                    information must be given to the Authority;
                    and
                (c) advise the applicant that the time limit that
                    applies to the processing of the application
                    under regulation 6.1.4 will remain
                    suspended—
                      (i) until the additional information
                          requested is provided; or
                      (ii) if that information is not provided, until
                           the end of the period specified under
                           paragraph (b).
           (3) In specifying a period under subregulation (2)(b),
               the Authority must not specify a period that is
               longer than—
                (a) in the case of a major hazard facility licence,
                    6 months;
                (b) in the case of any other licence, 60 days.
           (4) If the Authority requests additional information
               from an applicant, any period—
                (a) between when the request is sent to the
                    applicant and when the additional
                    information is received by the Authority; or
                (b) if the information is not provided, between
                    when the request is sent to the applicant and
                    the end of the period specified under
                    subregulation (2)(b)—
               is not to be counted for the purposes of calculating
               the periods specified in regulation 6.1.4(2).
           (5) Nothing in this regulation restricts the number of
               requests for additional information that the
               Authority may make, however, if the Authority
               makes more than one request it must ensure that
               the cumulative total of the periods specified or



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          used (whichever is the shorter) under
          subregulation (2)(b) in respect of the requests does
          not exceed the period listed in regulation 6.1.4(2)
          with respect to the relevant type of licence.
          Example
          A person applies for a high risk work licence.
          The Authority seeks additional information and gives the
          applicant a notice requesting the information within 60 days.
          The applicant provides the information 27 days after the
          notice is given. If the Authority seeks a second lot of
          additional information, under this subregulation it may
          specify a period of up to 33 days for the applicant to provide
          the second lot of information. This is because only 27 days
          were used of the 60 days specified for the provision of the
          first response, and the 27 day period actually used is shorter
          than the 60 day period originally specified.
6.1.6 Procedure if the Authority proposes to refuse to
      grant a licence
      (1) If the Authority proposes to refuse to grant a
          licence, the Authority must include in the notice
          required by regulation 6.1.4(2)—
            (a) the reasons why it proposes to refuse to grant
                the licence; and
            (b) an invitation to the applicant to make a
                submission to the Authority, within a
                specified period of not less than 14 days, in
                relation to the proposed refusal.
      (2) Within 30 days after the end of the period set for
          the purposes of subregulation (1)(b), the Authority
          must—
            (a) consider any submission made by, or on
                behalf of, the applicant before the end of the
                period; and
            (b) decide whether it will grant or refuse to grant
                the licence; and
            (c) give the applicant written notice of that
                decision.


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           6.1.7 Form of evidence of licence document
                     After granting a licence, the Authority must give
                     the licence holder a document that includes—
                       (a) the name of the licence holder; and
                       (b) the date on which the licence was granted
                           and, if the licence specifies a date on which
                           the licence takes effect, the date on which the
                           licence takes effect; and
                       (c) the date on which the licence expires; and
                       (d) any terms and conditions to which the
                           licence is subject; and
                       (e) an identifying number; and
                       (f) in the case of a high risk work licence—
                             (i) a photograph of the licence holder; and
                             (ii) the date of birth of the licence holder;
                                  and
                            (iii) either a copy of the signature of the
                                  licence holder or provision for the
                                  signature of the licence holder; and
                            (iv) the class or classes of work authorised
                                 by the licence; and
                       (g) in the case of an asbestos removal licence—
                             (i) the class of activity authorised by the
                                 licence; and
                             (ii) the specific types of asbestos-
                                  containing material, if relevant, that can
                                  be removed under the licence; and
                       (h) in the case of a carcinogens licence—
                             (i) the class or classes of activity
                                 authorised by the licence; and




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                    (ii) the name of the scheduled carcinogenic
                         substance that may be used under the
                         licence; and
                   (iii) the address of the workplace at which
                         the substance may be used; and
                   (iv) the purpose for which the substance
                        may be used under the licence; and
               (i) in the case of a major hazard facility licence,
                   the name of the major hazard facility, and the
                   Schedule 9 materials that may be present at
                   the facility.
  6.1.8 When licences start and end
         (1) A licence takes effect on the day it is granted or
             on any later date specified in the evidence of
             licence document by the Authority.
         (2) A licence, unless cancelled, ends on the day
             specified by the Authority, which may be a period
             of up to 5 years after the day on which the licence
             was granted, or if the licence has been renewed, a
             period of up to 5 years after the day on which the
             last renewal took effect.

Subdivision 2—Additional provisions in relation to high risk
                     work licences

  6.1.9 Additional information to be included in licence
        applications
             In addition to any other information required by
             these Regulations, a person applying for a high
             risk work licence must also include with the
             application
              (a) if the person holds a certificate of
                  competency (as defined in regulation 8.2.1)
                  and seeks to be licensed to perform the type
                  of work authorised by the certificate, a
                  declaration by the person that he or she has


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                             maintained the competencies required to do
                             the work that the certificate authorises him or
                             her to do; or
                         (b) in any other case, in relation to the work in
                             respect of which the licence is sought—
                               (i) a statement of attainment in respect of
                                   the relevant competency standard for
                                   that work; or
                               (ii) a notice of satisfactory assessment of
                                    competency issued under Division 3 of
                                    Part 3.6 (High Risk Work) for that
                                    work.
            6.1.10 Additional matters to be satisfied before a licence
                   can be granted
                    (1) In addition to the requirements specified in
                        Subdivision 1, the Authority must refuse to grant
                        an application for a high risk work licence if—
                         (a) it is satisfied that the applicant, in respect of
                             the class or classes of the high risk work in
                             respect of which the licence is sought—
                               (i) holds an interstate licence that was
                                   suspended at the time the application
                                   was made; or
                               (ii) had an interstate licence cancelled in
                                    the 2 years immediately before the date
                                    the application was made; or
                         (b) it is not satisfied—
                               (i) that the applicant resides in Victoria; or
                               (ii) in the case of an applicant who does not
                                    reside in Victoria, that the applicant has
                                    reasonable grounds for applying for the
                                    licence in Victoria; or




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     (c) it is not satisfied that the applicant is at least
         18 years of age; or
     (d) in the case of a person who has applied to be
         licensed to perform a type of work that he or
         she is authorised to perform under a
         certificate of competency (as defined in
         regulation 8.2.1), it is not satisfied that the
         person has provided sufficient evidence that
         he or she has maintained the competencies
         required to do the work that the certificate
         authorises him or her to do; or
     (e) it is satisfied that the applicant already holds
         a licence to do that work that has been
         granted or issued by a corresponding
         Authority; or
     (f) any statement of attainment or notice of
         satisfactory assessment of competency on
         which the applicant relies was issued more
         than 60 days before the date on which the
         application was made.
(2) The Authority must refuse to grant an application
    for a high risk work licence if it is satisfied that
    the statement of attainment or notice of
    satisfactory assessment of competency
    accompanying the application was obtained or
    provided on the basis of fraud or the provision of
    false or misleading information by any person or
    body.
    Note
    Any person or body would include the applicant, the RTO
    that issued the statement of attainment or the licence
    assessor who issued the notice of satisfactory assessment of
    competency.




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            Subdivision 3—Additional provisions in relation to asbestos
                               removal licences

            6.1.11 Restriction on who may apply for a licence
                        Only an employer or a self-employed person may
                        apply for an asbestos removal licence.
            6.1.12 Scope of licence
                    (1) An asbestos removal licence may only be used to
                        perform the asbestos removal work specified in
                        the licence.
                    (2) An asbestos removal licence does not extend to
                        the transport of asbestos waste.
                        Note
                        The transport of industrial-sourced asbestos waste is
                        licensed by the Environment Protection Authority.
            6.1.13 Additional information to be included in licence
                   application
                    (1) In addition to any other information required by
                        these Regulations, a person applying for an
                        asbestos removal licence must also include with
                        the application
                          (a) details of the specific types of asbestos-
                              containing material, if relevant, that is
                              intended to be removed under the licence;
                              and
                          (b) the name of any person who will supervise
                              the asbestos removal work to be performed
                              under the licence; and
                          (c) detailed information on the training and
                              experience of each supervisor; and




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     (d) detailed information on the type of training
         undertaken by the employees who are to be
         engaged in the asbestos removal work; and
     (e) detailed information on the personal
         protective equipment that the applicant
         intends to provide to persons engaged in the
         asbestos removal work; and
     (f) if the applicant intends to use a vacuum
         cleaner with a HEPA filter, detailed
         information on the vacuum cleaner; and
     (g) details of laundering arrangements proposed
         in relation to the asbestos removal work,
         including the name and address of any
         laundry intended to be used for the
         laundering of personal protective clothing;
         and
     (h) whether the applicant (and if the applicant is
         a body corporate, any officer of the applicant
         body corporate) holds a licence or approval
         for asbestos removal work in any other
         Australian State or Territory; and
     (i) information as to whether the applicant (and
         if the applicant is a body corporate, any
         officer of the applicant body corporate) has
         ever had a previous application for a licence
         as an asbestos removalist refused, suspended
         or cancelled by any Government or non-
         Government body in any Australian State or
         Territory.
(2) In addition to any other information required by
    these Regulations, a person applying for a Class A
    asbestos removal licence must also include with
    the application—




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                         (a) if the person has not been previously granted
                             a Class A asbestos removal licence, evidence
                             of a satisfactory review by an occupational
                             health and safety auditor within the period of
                             6 months immediately preceding the receipt
                             of the application of the person's asbestos
                             occupational health and safety management
                             system documents; or
                         (b) details of the current certification of the
                             asbestos occupational health and safety
                             management systems together with evidence
                             of that current certification.
            6.1.14 Additional matters to be satisfied before a licence
                   can be granted
                    (1) In addition to the requirements specified in
                        Subdivision 1, the Authority must refuse to grant
                        an application for an asbestos removal licence if it
                        is not satisfied that the information provided with
                        the application indicates that—
                         (a) the supervisor or supervisors nominated in
                             the application is, or are, appropriately
                             trained and experienced; and
                         (b) in relation to an application for a Class A
                             asbestos removal licence—
                               (i) the applicant has current certification
                                   for an asbestos occupational health and
                                   safety management system; or
                               (ii) there has been a satisfactory review by
                                    an occupational health and safety
                                    auditor within the period of 6 months
                                    immediately preceding the receipt of
                                    the application of the applicant's
                                    asbestos occupational health and safety
                                    management system documents.




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        (2) A Class A asbestos removal licence granted to an
            applicant who does not have current certification
            for an asbestos occupational health and safety
            management system is granted on condition that
            the certification must be obtained by the date
            specified in the licence, or in any event no later
            than 12 months after the licence takes effect.

   Subdivision 4—Additional provisions in relation to
                 carcinogens licences

6.1.15 Restriction on who may apply for a licence
        (1) Only an employer or a self-employed person may
            apply for a carcinogens licence.
        (2) A carcinogens licence can only be granted in
            respect of the workplace of that employer or self-
            employed person.
6.1.16 Additional information to be included in licence
       applications
            In addition to any other information required by
            these Regulations, a person applying for a
            carcinogens licence must also include with the
            application the following information in relation
            to the scheduled carcinogenic substance in respect
            of which the licence is sought
             (a) the name of the substance; and
             (b) the workplace address at which the substance
                 is intended to be used; and
             (c) the quantity of the substance that is intended
                 to be used each year; and
             (d) the purposes for which the substance is
                 intended to be used; and




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                         (e) a statement, supported by reasons, that the
                             elimination or substitution of the substance
                             from the workplace is not reasonably
                             practicable; and
                         (f) a description of the risk control measures
                             intended to be put in place to eliminate risks
                             so far as is reasonably practicable or to
                             reduce risks so far as is reasonably
                             practicable and a justification of those risk
                             control measures; and
                         (g) the number of employees who might be
                             exposed to the substance; and
                         (h) the name and address of the supplier from
                             whom the person intends to obtain the
                             substance.
            6.1.17 Fee to be paid before a licence can be granted
                    (1) Despite Subdivision 1, the Authority must not
                        grant a carcinogens licence to a person unless the
                        person has, after being told that the Authority
                        intends to grant the licence, paid a fee of—
                         (a) in the case of a licence to use a Schedule 2
                             carcinogenic substance at a laboratory,
                             $76.50; and
                         (b) in any other case, $67.50 for each hour the
                             application took to be processed by the
                             Authority.
                    (2) The Authority must not seek a fee of more than
                        $761 under subregulation (1)(b).




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Subdivision 5—Additional provisions in relation to major
               hazard facility licences

6.1.18 Restriction on who may apply for a licence
            Only an operator who holds the registration for a
            major hazard facility under Part 6.2 (Registration)
            may apply for a major hazard facility licence in
            respect of the major hazard facility.
6.1.19 Time limit for applications in relation to a registered
       major hazard facility
            If a licence is sought for a major hazard facility
            that is registered under Part 6.2 (Registration), the
            operator of the major hazard facility must apply to
            the Authority for a licence no later than 6 months
            before the registration expiry date for that
            registration.
            Note
            Registration expiry date has the meaning given by
            regulation 6.2.26.
6.1.20 Additional information to be included in licence
       applications
            In addition to any other information required by
            these Regulations, a person applying for a major
            hazard facility licence must also include with the
            application
             (a) sufficient details to enable the major hazard
                 facility to be identified; and
             (b) the Safety Case prepared in accordance with
                 Part 5.2 (Major Hazard Facilities).
6.1.21 Additional matters to be satisfied before a licence
       can be granted
            In addition to the requirements specified in
            Subdivision 1, the Authority must refuse to grant a
            major hazard facility licence if it is not satisfied
            that—


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                         (a) the Safety Case accompanying the
                             application has been prepared in accordance
                             with Division 4 of Part 5.2 (Major Hazard
                             Facilities);
                         (b) the applicant has complied with the
                             provisions of Divisions 3 and 5 of Part 5.2
                             (Major Hazard Facilities).
            6.1.22 Additional time limits on notifying applicants
                    (1) The time limits set out in regulations 6.1.4 and
                        6.1.5 do not apply to an application for a major
                        hazard facility licence if—
                         (a) the Authority is of the opinion that it will not
                             be able to satisfy itself of the matters referred
                             to in this Subdivision and Subdivision 1
                             within 6 months; and
                         (b) the Authority gives the applicant written
                             notice of that opinion within 6 months after
                             the date the application was received, and
                             that notice specifies the date by which the
                             Authority will decide the application.
                    (2) For the purposes of subregulation (1)(b), the
                        Authority may only specify a date that is within
                        12 months after the date it received the
                        application.
                    (3) If subregulation (1) applies, the Authority must
                        give the applicant a written notice stating the
                        Authority's intention to grant, or to propose to
                        refuse to grant, the licence on or before the date
                        specified under subregulation (1)(b).
                    (4) Despite Part 6.2 (Registration), if the decision
                        period is extended under subregulation (1), the
                        registration of the major hazard facility does not
                        expire before the end of that extended period.




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6.1.23 Fee to be paid before a licence can be granted
        (1) Despite Subdivision 1, the Authority must not
            grant a major hazard facility licence unless the
            applicant for the licence has, after being told that
            the Authority intends to grant the licence, paid a
            fee of $80 for each hour the application took to be
            processed by the Authority.
        (2) The Authority must not seek a fee of more than
            $56 560 under subregulation (1).
        (3) The activities involved in processing an
            application for a major hazard facility licence
            include—
             (a) checking the completeness of the Safety
                 Case and the other information and material
                 accompanying the application; and
             (b) determining that further information or
                 material are required, and obtaining the
                 information or material from the applicant;
                 and
             (c) verifying the information provided by the
                 applicant by—
                   (i) examining the Safety Case and the
                       other information and material
                       provided; and
                   (ii) visiting and examining the site of the
                        major hazard facility to which the
                        application relates; and
             (d) considering and deciding on the merits of the
                 application; and
             (e) taking all necessary administrative steps.




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                Division 2—Other provisions concerning licences

                              Subdivision 1—General

            6.1.24 Authority may impose terms and conditions on
                   licences
                   (1) In granting or renewing a licence under this Part,
                       the Authority may impose on the licence any
                       terms or conditions that it considers to be
                       appropriate to further the purposes for which the
                       licence is granted or renewed.
                   (2) Without limiting subregulation (1), the Authority
                       may impose, in relation to any activity that may
                       be carried out by the licence holder under the
                       licence, terms or conditions—
                         (a) specifying risk control measures to be used
                             or implemented;
                         (b) requiring—
                               (i) monitoring (such as atmospheric
                                   monitoring of the workplace);
                               (ii) the provision of health surveillance for
                                    anyone who may be at risk as a result
                                    of the carrying out of that activity;
                              (iii) the recording or keeping of information
                                    (including health and safety
                                    information);
                              (iv) the provision of information,
                                   instruction and training to specified
                                   people or classes of people;
                               (v) the use or implementation of systems of
                                   work or processes;
                         (c) requiring the reporting of information to the
                             Authority, including health and safety
                             information and the results of any required



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                 monitoring, health surveillance,
                 examinations or testing;
             (d) limiting the quantity to be used at the
                 workplace of anything used while carrying
                 out that activity;
             (e) in the case of a licence held by a body
                 corporate, limiting who may carry out
                 activities under the licence;
             (f) limiting the activities that may be carried out
                 under the licence, or specifying that only
                 certain activities may be carried out under
                 the licence;
             (g) requiring that notice be given that the licence
                 has been granted, and of any conditions of
                 the licence, to any specified person who may
                 be affected by the granting of the licence;
             (h) imposing time limits on when any action
                 required to be taken under this regulation is
                 to be taken.
6.1.25 Licence holder must comply with terms and
       conditions
           A licence holder must comply with the terms and
           conditions of the licence imposed under this
           Division or under Division 3.
           Penalty: 100 penalty units for a natural person;
                       500 penalty units for a body corporate.
6.1.26 Changes to information provided in a licence
       application
       (1) A licence holder must advise the Authority in
           writing of any change that occurs to any
           information given at any time by the licence
           holder to the Authority in relation to the licence as
           soon as is reasonably possible after the licence




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                        holder becomes aware that the change has
                        occurred.
                        Penalty: 60 penalty units for a natural person;
                                    300 penalty units for a body corporate.
                    (2) Subregulation (1) applies whether the information
                        was given in the application for the licence, in an
                        application for the renewal of the licence, under
                        this regulation or in any other circumstance.
                    (3) This regulation does not apply to revisions to the
                        Safety Case of a major hazard facility.
                        Note
                        Part 5.2 (Major Hazard Facilities) contains provisions that
                        specifically deal with Safety Case revisions.
            6.1.27 Licence holder to keep evidence of licence available
                    (1) A person who holds a high risk work licence must
                        keep his or her evidence of licence document
                        available for inspection on request under the Act.
                        Penalty: 5 penalty units.
                    (2) A person who holds any other class of licence
                        must keep the evidence of licence document
                        available for inspection on request under the Act.
                        Penalty: 5 penalty units for a natural person;
                                    25 penalty units for a body corporate.
            6.1.28 Replacement of lost, stolen or destroyed licence
                   documents
                    (1) If an evidence of licence document is lost, stolen
                        or destroyed, the licence holder may apply to the
                        Authority for a replacement document.
                    (2) The application must be accompanied by a fee of
                        $45.




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       (3) The Authority may issue a replacement document
           if the Authority is satisfied that the licence
           holder's evidence of licence document has been
           lost, stolen or destroyed.
       (4) If the Authority refuses to issue a replacement
           evidence of licence document, it must give the
           licence holder a written notice of refusal that sets
           out the reasons why it is not satisfied that the
           evidence of licence document has been lost, stolen
           or destroyed.
6.1.29 Nomination of additional asbestos removal
       supervisors
       (1) An asbestos removal licence holder may apply to
           the Authority to have a person recognised by the
           Authority as a supervisor who may supervise the
           asbestos removal work that can be performed
           under the licence.
       (2) The licence holder must include in the
           application—
             (a) the name of the person; and
             (b) detailed information on the person's training
                 and experience.
       (3) The Authority must refuse to grant an application
           if it is not satisfied that the person has appropriate
           training or experience to supervise the removal
           work.

Subdivision 2—Additional provisions in relation to major
               hazard facility licences

6.1.30 Transfer
           The Authority may transfer a major hazard facility
           licence to another person who is to become the
           operator of the major hazard facility if the
           Authority is satisfied that the person to whom the
           licence is to be transferred is capable of achieving


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                        a level of health and safety for the operation of the
                        major hazard facility that is at least equivalent to
                        that achieved by the licence holder.
            6.1.31 Notification of licence details in the Government
                   Gazette
                    (1) If the Authority grants, renews, amends, transfers,
                        suspends or cancels a major hazard facility
                        licence, it must cause notice of that event to be
                        published in the Government Gazette as soon as is
                        reasonably possible after the event occurs.
                    (2) The notice must include details of any terms and
                        conditions attached to the licence that have not
                        previously been provided in a notice under this
                        regulation in respect of the licence.
            6.1.32 Additional requirements concerning availability of
                   copy of licence
                        In addition to the requirements of Subdivision 1, a
                        major hazard facility licence holder must ensure
                        that a copy of the evidence of licence document is
                        made available on request—
                         (a) to any employee of the operator working at
                             the major hazard facility; and
                         (b) to the emergency services that have
                             responsibility for the area in which the major
                             hazard facility is located.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.




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           Division 3—Amendment of licences

6.1.33 Authority may amend a licence unilaterally
       (1) The Authority may determine on its own initiative
           to amend a licence.
       (2) Without limiting subregulation (1), the Authority
           may impose any terms or conditions on a licence
           that it may impose under Division 2 at any time,
           and it may amend or delete any existing terms or
           conditions of a licence.
       (3) If a proposed amendment merely corrects an
           obvious error in a licence, or is of a nature that is
           not likely to impose any significant burden on the
           licence holder, the Authority may make the
           amendment, and must then give the licence holder
           written notice that it has done so.
       (4) If subregulation (3) does not apply, before
           amending a licence under this regulation the
           Authority must give the licence holder written
           notice (the first notice) of the proposed
           amendment—
             (a) setting out the proposed amendment and the
                 reasons for it; and
             (b) inviting the licence holder to make a
                 submission to the Authority in relation to the
                 proposed amendment within a specified
                 period of not less than 14 days.
       (5) After considering any submission made by, or on
           behalf of, the licence holder in the time allowed,
           the Authority may amend the licence by giving a
           second written notice (the second notice) to the
           licence holder.




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                    (6) A notice under subregulation (5) must—
                         (a) set out the amendment; and
                         (b) if a submission was made by, or on behalf of
                             the licence holder in relation to the
                             amendment, set out the Authority's reasons
                             for making the amendment in the light of the
                             submission; and
                         (c) specify the date on which the amendment is
                             to take effect.
                    (7) In specifying the date that the amendment is to
                        take effect, the Authority must not specify a date
                        that is less than 30 days after the licence holder is
                        given the second notice.
                    (8) Despite subregulation (7), if in the opinion of the
                        Authority there exists an immediate risk to health
                        or safety, the Authority may specify that an
                        amendment is to take effect on a date that is
                        within that 30 day period.
                    (9) The amendment set out in the second notice can
                        be different from the amendment set out in the
                        first notice if the difference is the result of taking
                        into account, or of anything arising from, any
                        submission made by, or on behalf of, the licence
                        holder.
            6.1.34 Authority may amend a licence at the request of the
                   licence holder
                    (1) The Authority may amend a licence on the
                        application of the licence holder.
                    (2) If the Authority proposes to refuse to amend a
                        licence in accordance with the application, it must
                        give the licence holder a written notice—
                         (a) that states that intention to refuse the
                             application; and




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             (b) that sets out its reasons for refusing the
                 application; and
             (c) that invites the licence holder to make a
                 submission to the Authority in relation to the
                 proposed refusal within a specified period of
                 not less than 14 days.
        (3) The Authority must consider any submission
            made by, or on behalf of, the licence holder in the
            time allowed before refusing the application.
6.1.35 Evidence of licence document to be returned on
       request if licence amended
        (1) If the Authority amends a licence, it must give the
            licence holder an evidence of licence document
            containing the amended details to replace the
            former document.
        (2) If asked to do so by the Authority, the holder of a
            licence that has been amended by the Authority
            must return the evidence of licence document to
            the Authority within 14 days after receiving the
            request in writing.
            Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.

             Division 4—Renewal of licences

6.1.36 Application for the renewal of a licence (except a
       high risk work licence)
        (1) This regulation does not apply to a high risk work
            licence.
        (2) A licence holder may apply to the Authority to
            renew the licence, but may only do so—
             (a) in the case of a major hazard facility licence,
                 at least 6 months before the date the licence
                 is due to expire; or




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                    (b) in any other case, at least 60 days before the
                        date the licence is due to expire.
                Notes
                1      Regulation 7.1.1 enables the Authority to specify the
                       form of applications and to specify other information
                       and documents that must be included in or with
                       applications.
                2      If a licence holder fails to apply for a renewal of the
                       licence within the time permitted by subregulation (2),
                       it will be necessary for the licence holder to apply for a
                       new licence.
            (3) The Authority must give a person who applies for
                the renewal of a licence a written notice stating
                the Authority's intention to renew, or to refuse to
                renew, the licence.
            (4) For the purposes of this regulation—
                    (a) regulation 6.1.3 applies as if a reference in
                        that regulation to an application for a licence
                        were a reference to an application to renew a
                        licence; and
                    (b) regulation 6.1.6 applies as if a reference in
                        that regulation—
                          (i) to the refusal to grant a licence were a
                              reference to the refusal to renew a
                              licence; and
                         (ii) to a notice required by regulation
                              6.1.4(2) were a reference to the notice
                              required by subregulation (3).
            (5) If a person applies to renew a licence under
                subregulation (2) and before the licence expires
                the Authority gives the person written notice that
                it intends to refuse to renew the licence, the
                licence continues to have effect, even if its expiry
                date passes, until the relevant time specified in
                regulation 6.1.37.




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6.1.37 Time in which licence continues to have effect
        (1) If the Authority gives a licence holder written
            notice that it intends to refuse to renew the
            person's licence, the licence continues to have
            effect—
             (a) if the licence holder has applied for a process
                 review of the decision and the Authority has
                 confirmed the decision and the person
                 applies to the Tribunal for a review of the
                 decision—
                    (i) until the person withdraws the
                        application for review; or
                    (ii) until the Tribunal makes its
                         determination on the application for
                         review—
                   whichever occurs first; or
             (b) if the licence holder applied for a process
                 review of the decision and the Authority
                 confirmed the decision and the person does
                 not apply to the Tribunal for a review of the
                 decision, until 14 days after the person
                 received written notice of the process review
                 decision.
            Note
            Part 6.3 (Review of Decisions) provides for a right of review
            by VCAT of certain reviewable decisions and process
            review has the meaning given in regulation 6.3.2.
        (2) Subject to subregulation (3), if the person applied
            for a process review of the decision and the
            Authority set aside the decision, the relevant time
            is until the new decision is made.
        (3) If the new decision is to refuse to renew the
            licence and the person applies to the Tribunal for a
            review of the new decision in accordance with
            these Regulations the relevant time is—



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                         (a) until the person withdraws the application
                             for review; or
                         (b) until the Tribunal makes its determination on
                             the application for review—
                        whichever occurs first.
                    (4) If the new decision is to refuse to renew the
                        licence and the person does not apply to the
                        Tribunal for a review of the decision in
                        accordance with these Regulations, the relevant
                        time is until 14 days after the person received
                        written notice of the new decision.
            6.1.38 Application for the renewal of a high risk work
                   licence
                    (1) The holder of a high risk work licence may apply
                        to the Authority to renew the licence.
                        Note
                        Regulation 7.1.1 enables the Authority to specify the form
                        of applications and to specify other information and
                        documents that must be included in or with applications.
                    (2) The Authority must renew the licence if the
                        application—
                         (a) contains a declaration by the licence holder
                             that he or she has maintained the
                             competencies required to do the work that
                             the licence authorises him or her to do; and
                         (b) includes any photograph of the applicant
                             required by the Authority, and is in the form,
                             and contains the information, required by the
                             Authority; and
                         (c) includes any other proof of identity required
                             by the Authority; and
                         (d) is accompanied by the fee required by
                             regulation 6.1.40.




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6.1.39 Transfer of authorising jurisdiction on renewal of
       high risk work licence
        (1) This regulation applies if a person who resides in
            Victoria—
             (a) holds a licence issued by the Authority to
                 perform one or more types of high risk work;
                 and
             (b) also holds a licence issued by a
                 corresponding Authority to perform one or
                 more other types of high risk work; and
             (c) all or part of any of the licences is due to
                 expire within 60 days.
        (2) The person may apply to the Authority for a
            renewed licence that authorises him or her to
            perform all of the high risk work authorised by
            each of the licences referred to in subregulations
            (1)(a) and (1)(b).
        (3) The Authority must grant the person such a
            licence if—
             (a) the Authority is satisfied that this regulation
                 applies; and
             (b) the application for the licence complies with
                 regulation 6.1.38(2).
        (4) If the Authority grants a licence under this
            regulation, it must provide details of that fact to
            the corresponding Authority referred to in
            subregulation (1)(b).
6.1.40 Renewal fees for certain licences
        (1) An application for the renewal of a high risk work
            licence must be accompanied by a fee of $45.
        (2) An application for the renewal of a Class A
            asbestos removal licence must be accompanied by
            a fee of $507.



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                    (3) An application for the renewal of a Class B
                        asbestos removal licence must be accompanied by
                        a fee of $469.
            6.1.41 Fee to be paid before carcinogens licence can be
                   renewed
                    (1) In addition to the other requirements specified in
                        this Division, the Authority must not renew a
                        carcinogens licence unless the licence holder has,
                        after being told that the Authority intends to
                        renew the licence, paid a fee of—
                         (a) in the case of a licence to use a Schedule 2
                             carcinogenic substance at a laboratory,
                             $76.50; and
                         (b) in any other case, $67.50 for each hour the
                             application took to be processed by the
                             Authority.
                    (2) The Authority must not seek a fee of more than
                        $761 under subregulation (1)(b).
            6.1.42 Additional information required for the renewal of
                   a major hazard facility licence
                        In addition to any other information required
                        under these Regulations, a person applying for the
                        renewal of a major hazard facility licence must
                        also include with the application a revised Safety
                        Case prepared in accordance with Division 4 of
                        Part 5.2 (Major Hazard Facilities).
            6.1.43 Fee to be paid before a major hazard facility licence
                   can be renewed
                    (1) In addition to the other requirements specified in
                        this Division, the Authority must not renew a
                        major hazard facility licence unless the licence
                        holder has, after being told that the Authority
                        intends to renew the licence, paid a fee of $80 for
                        each hour the application took to be processed by
                        the Authority.



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       (2) The Authority must not seek a fee of more than
           $56 560 under subregulation (1).
       (3) Regulation 6.1.23(3) applies to fees under this
           regulation.

   Division 5—Suspension and cancellation of licences

6.1.44 Grounds of suspension or cancellation
           The Authority may suspend or cancel a licence if
           it is satisfied—
             (a) that the licence holder is not complying, or
                 has failed to comply, with any of the terms
                 and conditions of the licence; or
             (b) that the licence holder—
                   (i) provided false or misleading
                       information in the application for the
                       licence or the renewal of the licence
                       with respect to any significant detail
                       (without advising the Authority in
                       writing at the time that the information
                       was provided that it was false or
                       misleading); or
                   (ii) failed to disclose to the Authority any
                        significant information that should have
                        been disclosed to the Authority; or
             (c) that the licence was granted on the basis of a
                 statement of attainment or notice of
                 satisfactory assessment of competency that
                 was obtained or provided on the basis of
                 fraud or the provision of false or misleading
                 information by any person or body; or
                 Note
                 Any person or body would include the licence holder,
                 the RTO who issued the statement of attainment or
                 the licence assessor who issued the notice of
                 satisfactory assessment of competency.




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                (d) in the case of a licence other than a major
                    hazard facility licence, that the licence holder
                    is not, or has not been, safely and
                    competently carrying out the activities that
                    the licence authorises the licence holder to
                    carry out; or
                (e) in the case of a major hazard facility
                    licence—
                      (i) that the licence holder is not, or has not
                          been, safely and competently
                          conducting the major hazard facility; or
                      (ii) that the Safety Management System for
                           the major hazard facility no longer
                           provides a comprehensive and
                           integrated management system for all
                           aspects of risk control measures
                           adopted in relation to major incident
                           hazards and major incidents; or
                     (iii) that risk control measures adopted by
                           the licence holder under
                           regulation 5.2.8 are seriously deficient;
                           or
                     (iv) that the licence holder no longer
                          understands the content of the Safety
                          Assessment conducted under
                          regulation 5.2.7; or
                      (v) that the licence holder no longer has the
                          ability to safely and competently
                          operate the major hazard facility; or
                (f) in the case of the holder of a high risk work
                    licence, that he or she is not competent to
                    perform the work authorised by the licence
                    without risk to the licence holder's health or
                    safety or the health or safety of other people;
                    or




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             (g) in the case of the holder of a Class A
                 asbestos removal licence, that the licence
                 holder has failed to maintain certification for
                 an asbestos occupational health and safety
                 management system; or
             (h) in the case of the holder of a carcinogens
                 licence—
                   (i) that the licence holder has ceased to
                       carry on business at the address to
                       which the licence relates; or
                   (ii) that the activities of the licence holder
                        under the licence pose an immediate
                        risk to health or safety.
6.1.45 Matters that may be taken into account
           For the purposes of regulation 6.1.44, the
           Authority may have regard to any matter that it
           considers to be relevant, including, for example—
             (a) any findings of guilt, since the licence was
                 granted or last renewed, of the licence holder
                 (and in the case of a body corporate, any
                 officer of the licence holder) under any
                 relevant occupational health and safety
                 legislation; and
             (b) whether, since the licence was granted or last
                 renewed, the licence holder has had any
                 other licence or registration suspended or
                 cancelled by the Authority under these
                 Regulations; and
             (c) the licence holder's record of performance
                 while performing work under the licence
                 (including the number and nature of any
                 complaints made about that work); and
             (d) the applicant's record with respect to any
                 matters arising under occupational health and
                 safety legislation, whether in Victoria or



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                              elsewhere, since the licence was granted or
                              last renewed; and
                         (e) the results of any inquiry conducted by the
                             Authority under regulation 6.1.47.
            6.1.46 Automatic suspension or cancellation of high risk
                   work licences
                    (1) The Authority must suspend a high risk work
                        licence in relation to a particular class of work if it
                        is satisfied that a corresponding Authority has
                        recommended that the licence be suspended in
                        relation to that class of work after that Authority
                        has conducted an inquiry equivalent to the inquiry
                        required by regulation 6.1.47.
                    (2) The period of suspension must be the same period
                        recommended by the corresponding Authority, or
                        if that Authority recommended a termination date
                        for the suspension, the suspension must end on
                        that date.
                    (3) The Authority must cancel a high risk work
                        licence in relation to a particular class of work if it
                        is satisfied that a corresponding Authority has
                        recommended that the licence be cancelled in
                        relation to that class of work after that Authority
                        has conducted an inquiry equivalent to the inquiry
                        required by regulation 6.1.47.
                    (4) The cancellation must occur as soon as is
                        reasonably possible after the date the Authority
                        receives the recommendation, but not less than
                        14 days after that date.
                    (5) If the Authority is required to suspend or cancel a
                        licence, or a part of a licence, under this
                        regulation, it must give the licence holder written
                        notice of the suspension or cancellation, and must
                        include in the notice a copy of the
                        recommendation on which it based the suspension
                        or cancellation.



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        (6) The 14 day minimum period specified in
            subregulation (4) does not apply if, in the opinion
            of the Authority, there are exceptional
            circumstances that pose an immediate significant
            risk to health or safety.
6.1.47 Process for suspending or cancelling a licence in all
       other cases
        (1) The Authority may, on its own initiative or after
            receiving a complaint, conduct an inquiry to
            determine whether grounds exist to suspend or
            cancel a licence.
        (2) The Authority must give the licence holder written
            notice of the inquiry.
        (3) The notice must
             (a) state the subject of the inquiry and the
                 reasons for conducting it; and
             (b) set out an outline of all allegations, facts and
                 circumstances known to the Authority that
                 are relevant to the inquiry; and
             (c) invite the licence holder to make a
                 submission to the inquiry; and
             (d) specify a period of not less than 14 days
                 within which the licence holder may accept
                 the invitation.
        (4) After considering any submission made by, or on
            behalf of, the licence holder in the time allowed,
            the Authority must decide—
             (a) whether or not grounds exist to suspend or
                 cancel the licence; and
             (b) if such grounds exist, whether or not to
                 suspend or cancel the licence.
        (5) The Authority must give the licence holder written
            notice of its decision.



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             (6) If the Authority decides to suspend or cancel the
                 licence, the Authority must include in the notice
                  (a) a statement of its reasons for the decision
                      made under subregulation (4); and
                  (b) if it decides to suspend the licence, a
                      statement of when the suspension is to begin
                      and when it is to end; and
                  (c) if it decides to cancel the licence, a statement
                      of when the cancellation is to take effect.
             (7) In specifying the date that the suspension or
                 cancellation is to take effect, unless there exists an
                 immediate risk to health or safety, the Authority
                 must specify a date that is at least—
                  (a) in the case of a major hazard facility licence,
                      30 days after the licence holder is given the
                      notice; or
                  (b) in any other case, 14 days after the licence
                      holder is given the notice.
             (8) The minimum period of time specified in
                 subregulation (3)(d) does not apply if, in the
                 opinion of the Authority, there are exceptional
                 circumstances that pose an immediate significant
                 risk to health and safety.
             (9) If the Authority intends to suspend a high risk
                 work licence on the ground that the licence holder
                 is not, or has not been, safely and competently
                 performing relevant work, then, despite
                 subregulation (6)(b), the Authority may suspend
                 the licence until the licence holder provides it with
                 satisfactory new evidence that he or she is
                 competent to perform that work.
            (10) This regulation does not apply to a suspension or
                 cancellation that is required by regulation 6.1.46.




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6.1.48 Extension of date of suspension or cancellation if
       review sought
        (1) Despite anything to the contrary in
            regulation 6.1.47, if the Authority decides to
            suspend or cancel a licence and the licence holder
            applies for a process review of the decision under
            Part 6.3 (Review of Decisions), the licence
            continues to have effect for the time specified in
            this regulation as if it had not been suspended or
            cancelled.
        (2) If the person applied for a process review of the
            decision and the Authority confirmed the decision
            and the person applies to the Tribunal for a review
            of the decision in accordance with these
            Regulations, the relevant time is—
             (a) until the person withdraws the application
                 for review; or
             (b) until the Tribunal makes its determination on
                 the application for review—
            whichever occurs first.
        (3) If the person applied for a process review of the
            decision and the Authority confirmed the decision
            and the person does not apply to the Tribunal for a
            review of the decision in accordance with these
            Regulations, the relevant time is until 14 days
            after the person received written notice of the
            process review decision.
        (4) Subject to subregulations (5) and (6), if the person
            applied for a process review of the decision and
            the Authority set aside the decision, the relevant
            time is until the new decision is made.
        (5) If the new decision is to cancel or suspend the
            licence and the person applies to the Tribunal for a
            review of the new decision in accordance with
            these Regulations the relevant time is—



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                         (a) until the person withdraws the application
                             for review; or
                         (b) until the Tribunal makes its determination on
                             the application for review—
                        whichever occurs first.
                    (6) If the new decision is to cancel or suspend the
                        licence and the person does not apply to the
                        Tribunal for a review of the decision in
                        accordance with these Regulations, the relevant
                        time is until 14 days after the person received
                        written notice of the new decision.
                    (7) This regulation does not apply in relation to a
                        licence if the Authority specified a period of less
                        than 14 days under regulation 6.1.47 in taking
                        action under that regulation.
            6.1.49 Partial suspension or cancellation of a high risk
                   work licence
                    (1) Subject to regulation 6.1.50(2), this regulation
                        applies if—
                         (a) a person holds a high risk work licence that
                             authorises the person to perform more than
                             one type of work under the licence; and
                         (b) the Authority is satisfied that a ground of
                             suspension or cancellation only exists in
                             relation to one or some, but not to all, of
                             those types of work.
                    (2) A reference in regulation 6.1.47 to the suspension
                        or cancellation of the licence is to be read as a
                        reference to the suspension or removal from the
                        licence of those types of work in respect of which
                        a ground of suspension or cancellation exists.
                    (3) The Authority must issue the licence holder with a
                        replacement evidence of licence document that
                        sets out the types of work that are still authorised
                        under the licence.


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6.1.50 Flow on suspension or cancellation of some high risk
       work licences
        (1) This regulation applies if—
             (a) a person holds a high risk work licence that
                 authorises the person to perform more than
                 one type of work under the licence; and
             (b) the Authority is satisfied that a ground of
                 suspension or cancellation only exists in
                 relation to one or some, but not to all, of
                 those types of work; and
             (c) the skills required to do the type of work in
                 relation to which a ground of suspension or
                 cancellation exists are also necessary to do
                 another type of work under the licence.
        (2) Despite regulation 6.1.46, the Authority must also
            suspend or cancel the licence to the extent that it
            applies to the other type of work referred to in
            subregulation (1)(c).
            Example
            A person holds a high risk work licence that authorises the
            performance of dogging work and work involving the
            operation of non-slewing mobile cranes and slewing mobile
            cranes of up to 20 tonnes. The licence holder operates a
            non-slewing mobile crane unsafely, and the Authority
            decides that grounds exist to suspend the licence in relation
            to the authorisation to operate those cranes. This regulation
            requires that the Authority also suspend the licence holder's
            authorisation to operate slewing mobile cranes of up to
            20 tonnes, because it is necessary to be able to operate non-
            slewing cranes in order to be licensed to operate slewing
            mobile cranes. However, regulation 6.1.46 ensures that the
            licence holder's ability to perform dogging work under the
            licence is not suspended.




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            6.1.51 Authority may grant alternative asbestos removal
                   licence
                    (1) This regulation applies if the Authority is satisfied
                        that a ground of suspension or cancellation exists
                        in relation to a Class A asbestos removal licence
                        held by a person.
                    (2) On suspending or cancelling the licence, the
                        Authority may immediately grant a Class B
                        asbestos removal licence to the person, despite
                        anything to the contrary in Division 1.
            6.1.52 Inquiry into interstate high risk work licences
                    (1) This regulation applies if a person who holds a
                        licence, certificate or similar authorisation granted
                        or issued by a corresponding Authority that is
                        equivalent to a high risk work licence does, or is
                        alleged to have done, anything in Victoria while
                        acting under the authority of the licence that might
                        constitute a ground for the suspension or
                        cancellation of the licence had it been granted in
                        Victoria.
                    (2) The Authority may conduct an inquiry to
                        determine whether grounds exist to recommend to
                        the corresponding Authority that granted or issued
                        the licence that the licence be suspended or
                        cancelled.
                    (3) Regulations 6.1.47 and 6.1.49 apply for the
                        purposes of this regulation as if a reference in
                        those regulations to the suspension or cancellation
                        of a licence were a reference to a recommendation
                        to the corresponding Authority that granted or
                        issued the licence that the licence be suspended or
                        cancelled.




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6.1.53 Request to suspend or cancel a licence
           The Authority may suspend or cancel a licence on
           the written request of the licence holder.
6.1.54 Evidence of licence document of suspended or
       cancelled licence must be surrendered on demand
           If the Authority suspends or cancels a licence, the
           licence holder must surrender the evidence of
           licence document to the Authority on demand,
           once the suspension or cancellation takes effect.
           Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
                   __________________




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                         PART 6.2—REGISTRATION

                            Division 1—Application

           6.2.1 Application of this Part
                      This Part applies to—
                       (a) the registration of a plant design required
                           under Part 3.5 (Plant); and
                       (b) the registration or renewal of registration of
                           plant required under Part 3.5 (Plant); and
                       (c) the registration of a person to perform
                           construction work under Part 5.1
                           (Construction); and
                       (d) the registration of a major hazard facility
                           under Part 5.2 (Major Hazard Facilities).

                  Division 2—Registration of plant designs

           6.2.2 Application for registration of plant design
                      An application for registration of a plant design
                      must—
                       (a) include the information required under
                           regulation 6.2.3; and
                       (b) include any evidence or proof of identity of
                           the applicant required by the Authority; and
                       (c) be accompanied by a fee of $52.
           6.2.3 Information to be included in application
                  (1) Without limiting regulation 7.1.1, the Authority
                      may require additional information relating to the
                      design of plant to be included with an application
                      for registration of the plant design.




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(2) The information required under subregulation (1)
    may include—
     (a) the date of the commencement and
         completion of the design;
     (b) whether the design is for an alteration to
         existing plant;
     (c) whether the registration is the first
         registration of the design of the plant;
     (d) the intended primary use and performance
         capacity of the plant;
     (e) if known by the designer, the intended
         manufacturer's name and address;
     (f) the type and model number (if applicable) of
         the plant;
     (g) if known by the designer, the intended fixed
         location of plant in the workplace;
     (h) a description of controls, safety devices,
         supporting system and communication
         system for the plant (if applicable);
      (i) the hazard level of pressure equipment and
          the type of fluid to be used in the pressure
          equipment (if applicable).
(3) The information required by the Authority under
    subregulation (1) may be information applicable
    generally to all plant designs, or a type of plant
    design, or it may be specific to an individual plant
    design.




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                  (4) The application for registration of a plant design
                      must include—
                       (a) a design verification statement that states
                           that the design was produced in accordance
                           with the record of published technical
                           standards or engineering principles (as the
                           case may be) referred to in regulation 3.5.11;
                           and
                       (b) the name, business address and qualifications
                           of the person who produced the design
                           verification statement, and if applicable, the
                           name and business address of the
                           organisation employing that design verifier;
                           and
                       (c) a representational drawing of the plant
                           design; and
                       (d) any information about the design that may be
                           required by the Authority under
                           subregulation (1).
           6.2.4 Duties of various people associated with design
                 verification
                  (1) The person who applies for registration of a plant
                      design must ensure that the design verification
                      statement referred to in regulation 6.2.3 was made
                      by a design verifier—
                       (a) who did not participate in the design that is
                           the subject of the statement; and
                       (b) who has an appropriate level of skill and
                           knowledge to be able to verify the design;
                           and




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            (c) who has checked the design to ensure that it
                has been designed according to the technical
                standards or engineering principles recorded
                by the designer in respect of the design of
                that plant in accordance with
                regulation 3.5.11.
           Penalty: 100 penalty units for a natural person;
                      500 penalty units for a body corporate.
       (2) A person who has participated in the design of
           particular plant, must not knowingly act as a
           design verifier for that plant.
           Penalty: 100 penalty units for a natural person;
                      500 penalty units for a body corporate.
6.2.5 Authority to notify applicant of deferral
       (1) The Authority must notify the applicant for
           registration of a plant design in writing of the
           deferral of registration if—
            (a) the Authority considers that the information
                provided with the application for registration
                is inadequate to comply with this Division or
                regulation 7.1.1; or
            (b) the applicant has failed to pay the required
                fee.
       (2) If the Authority notifies a person who applied for
           registration of a plant design that the information
           provided is inadequate, the Authority must also
           specify what further information is required.
       (3) The Authority must treat any information and fee
           provided in response to any notice given under
           this regulation as if it were provided with the
           application for registration.
       (4) If the Authority fails to notify the person who
           applied for registration of that registration or its
           deferral within one month after receiving the


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                      application, the plant design is taken to have been
                      registered under this Part.
                      Note
                      Notice of the registration under subregulation (4) will be
                      given under regulation 6.2.6.
           6.2.6 Notice of registration
                  (1) As soon as is reasonably possible after a plant
                      design is registered under this Part, the Authority
                      must give the person who applied for the
                      registration written notice of the registration.
                  (2) The notice must include—
                       (a) the type of registration; and
                       (b) details of what has been registered; and
                       (c) the name of the person who applied for the
                           registration; and
                       (d) the date on which the registration took effect,
                           or is to take effect; and
                       (e) an identifying number.
           6.2.7 Registration to be of unlimited duration
                      Subject to Division 6, a registration of a plant
                      design is of unlimited duration.
           6.2.8 Proof of registration of plant design must be shown
                 if requested
                  (1) A person who has had a plant design registered
                      under this Part must provide a copy of the
                      registration to any person intending to register
                      under this Part an item of plant manufactured to
                      that design.
                      Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.




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        (2) A person who has had a plant design registered by
            a corresponding Authority under statutory
            requirements substantially equivalent to the
            requirements of this Part, must provide a copy of
            the registration to any person intending to register
            under this Part an item of plant manufactured to
            that design.
            Penalty: 60 penalty units for a natural person;
                       300 penalty units for a body corporate.
        (3) In subregulation (2), registration includes
            confirmation or approval.

            Division 3—Registration of plant

 6.2.9 Application for registration or renewal of
       registration of plant
            An application for registration, or renewal of
            registration, of an item of plant must—
             (a) include the information required under
                 regulation 6.2.10; and
             (b) include any evidence or proof of identity of
                 the applicant required by the Authority; and
             (c) be accompanied by a fee of $21.50.
6.2.10 Information to be included in application
        (1) Without limiting regulation 7.1.1, an application
            for registration or renewal of registration of an
            item of plant must include—
             (a) sufficient information to clearly identify the
                 item of plant; and




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                         (b) if the plant design was also required to be
                             registered under this Part—
                               (i) a copy of the plant design registration
                                   provided by the Authority; or
                               (ii) a copy of the registration provided by
                                    the corresponding Authority that
                                    registered the design.
                    (2) Subregulation (1)(b) does not apply to an
                        application for renewal of registration.
                    (3) In subregulation (1)(b)(ii), registration includes
                        confirmation or approval.
            6.2.11 Authority to notify applicant of deferral
                    (1) The Authority must notify the applicant for
                        registration or renewal of registration of an item
                        of plant in writing of the deferral of registration or
                        renewal if—
                         (a) the Authority considers that the information
                             provided with the application is inadequate
                             to comply with this Division or
                             regulation 7.1.1; or
                         (b) the applicant has failed to pay the required
                             fee.
                    (2) If the Authority notifies a person who applied for
                        registration or renewal of registration of an item
                        of plant that the information provided is
                        inadequate, the Authority must also specify what
                        further information is required.
                    (3) The Authority must treat any information and fee
                        provided in response to any notice given under
                        this regulation as if it were provided with the
                        application for registration.




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        (4) If the Authority fails to notify the person who
            applied for registration or renewal of registration
            of that registration or renewal or its deferral
            within one month of receiving the application, the
            item of plant is taken to have been registered or
            had its registration renewed (as the case may be)
            under this Part.
            Note
            Notice of the registration or renewal of registration under
            subregulation (4) will be given under regulation 6.2.12.
6.2.12 Notice of registration
        (1) As soon as is reasonably possible after an item of
            plant is registered or registration is renewed under
            this Part, the Authority must give the person who
            applied for the registration or renewal written
            notice of the registration.
        (2) The notice must include—
             (a) the type of registration; and
             (b) details of what has been registered; and
             (c) the name of the person who applied for the
                 registration; and
             (d) the date on which the registration took effect,
                 or is to take effect; and
             (e) the date the registration expires; and
              (f) an identifying number.
6.2.13 Registration of plant expires after 5 years
            The registration of plant under this Part expires
            5 years after the date on which the registration
            took or takes effect as specified in the notice given
            under regulation 6.2.12.




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            6.2.14 Notice if registered plant or its ownership alters
                        If there has been a change of ownership of
                        registered plant or the plant is—
                         (a) altered to an extent that requires the plant to
                             be subject to new measures to control risk; or
                         (b) in the case of normally fixed plant, relocated
                             and requires commissioning and new
                             measures to control risk as a result of the
                             relocation—
                        the person who has management or control of the
                        plant must advise the Authority of the change in
                        ownership, alteration or relocation in a form
                        determined by the Authority, within 21 days of the
                        change in ownership, alteration or relocation.
                        Penalty: 100 penalty units for a natural person;
                                   500 penalty units for a body corporate.

             Division 4—Registration to perform construction work

            6.2.15 Application for registration to perform construction
                   work
                        Without limiting regulation 7.1.1, an application
                        for registration of a person to perform
                        construction work must—
                         (a) include any evidence or proof of identity of
                             the applicant required by the Authority; and
                         (b) be accompanied by—
                               (i) a construction statement of attainment
                                   issued to the applicant; or
                               (ii) written evidence, satisfactory to the
                                    Authority, of the completion of
                                    construction induction training; or




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                  (iii) written evidence, satisfactory to the
                        Authority, of the completion before
                        1 July 2008 of the Construction
                        Industry Basic Induction training
                        course; and
             (c) be accompanied by a fee of $27.
6.2.16 Authority may refuse to recognise or accept a
       construction statement of attainment obtained by
       fraud
           The Authority may refuse to recognise or accept a
           construction statement of attainment if it is
           satisfied that the statement was obtained or
           provided on the basis of fraud or the provision of
           false or misleading information by any person or
           body.
           Note
           Any person or body would include the applicant for
           registration or the construction RTO.
6.2.17 Construction induction card
       (1) As soon as is reasonably possible after a person is
           registered under this Part to perform construction
           work, the Authority must give the person who
           applied for the registration a construction
           induction card.
       (2) A construction induction card must include—
             (a) the type of registration; and
             (b) the name of the person registered; and
             (c) the date on which the registration took effect,
                 or is to take effect; and
             (d) an identifying number.




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            6.2.18 Persons taken to be registered
                    (1) During the period of 60 days after a construction
                        statement of attainment is issued to a person, the
                        person to whom it is issued is taken to be
                        registered to perform construction work for the
                        purposes of Part 5.1 (Construction).
                    (2) A person who has recognised evidence of
                        construction induction training is taken to be
                        registered to perform construction work for the
                        purposes of Part 5.1 (Construction).
                    (3) Subject to regulation 6.2.21, a person who, before
                        1 July 2008 completes the Construction Industry
                        Basic Induction Training course and who holds a
                        card evidencing that completion is taken to be
                        registered to perform construction work for the
                        purposes of Part 5.1 (Construction).
            6.2.19 Registration to be of unlimited duration
                        Subject to regulation 6.2.21 and Division 6, a
                        registration to perform construction work is of
                        unlimited duration.
            6.2.20 Destruction, loss and replacement of construction
                   induction cards
                    (1) A person, other than the Authority, must not
                        intentionally or recklessly destroy, alter or deface
                        a construction induction card.
                        Penalty: 60 penalty units for a natural person;
                                   300 penalty units for a body corporate.
                    (2) If the Authority is satisfied that a construction
                        induction card has been lost, stolen or destroyed,
                        the Authority may issue a duplicate construction
                        induction card to a person on the evidence of a
                        copy of a construction statement of attainment or
                        other written evidence satisfactory to the
                        Authority.



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6.2.21 Lapse of registration and currency of construction
       induction cards
            If a person who is registered or taken to be
            registered under this Part to perform construction
            work and holds—
              (a) a construction induction card issued by the
                  Authority; or
              (b) a card evidencing completion before 1 July
                  2008 of the Construction Industry Basic
                  Induction training course—
            has not performed construction work for any
            consecutive period of 2 years, the person's
            registration to perform construction work and the
            person's construction induction card lapse at the
            end of that 2 year period.

    Division 5—Registration of major hazard facilities

6.2.22 Eligibility to apply for registration to operate a
       major hazard facility
        (1) A person who has an intention to operate a major
            hazard facility may apply to the Authority for
            registration of the proposed major hazard facility
            under this Part.
        (2) An application for registration must—
              (a) include the information required under
                  regulation 6.2.23; and
              (b) include any evidence or proof of identity of
                  the applicant required by the Authority.
        (3) For the purposes of this regulation, a person has
            an intention to operate a major hazard facility if—
              (a) the person is operating a facility and intends
                  to make alterations to the facility so that
                  Schedule 9 materials present or likely to be




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                              present will be in a quantity that exceeds
                              their threshold quantity; or
                         (b) the person who intends to operate a facility,
                             where Schedule 9 materials are present or
                             likely to be present will be in a quantity that
                             exceeds their threshold quantity, has
                             received planning approval from the relevant
                             planning authority for the proposed major
                             hazard facility.
                       Note
                       In complying with this regulation, persons intending to
                       make alterations should be aware of the duties of designers
                       of buildings or structures under section 28 of the Act.
            6.2.23 Information to be included in application
                       Without limiting regulation 7.1.1, an application
                       for registration of a major hazard facility must
                       include—
                         (a) in relation to the facility itself—
                               (i) if the operator is a corporation, the full
                                   corporate name, trading name,
                                   Australian Company Number, nature of
                                   business, registered address and
                                   principal place of business;
                               (ii) if the operator is a natural person, the
                                    person's full name, the nature of the
                                    person's business, residential address
                                    and business address;
                              (iii) the location (or proposed location) of
                                    the facility;
                              (iv) a brief description of the nature of the
                                   facility, including general site activities
                                   and production and auxiliary processes
                                   involving Schedule 9 materials;




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                   (v) the number of employees present at or
                       expected to be present at the facility;
                  (vi) a description of land use and activities
                       of occupancy in the area surrounding
                       the facility;
             (b) in relation to the Schedule 9 materials and
                 other materials at the facility or likely to be
                 at the facility—
                   (i) the quantity of each Schedule 9
                       materials present or likely to be present
                       at the facility;
                   (ii) in relation to each such material, the
                        name of the Schedule 9 materials and
                        any other information as is necessary to
                        clearly identify it;
                  (iii) details of the information and method
                        used by the person giving the
                        notification to determine the percentage
                        of the threshold quantity of the
                        materials present or likely to be present;
                  (iv) the names and quantities of any
                       dangerous goods, which are not
                       Schedule 9 materials but which are
                       present or likely to be present at the
                       facility in quantities that could increase
                       the likelihood of a major incident
                       occurring or the severity of the
                       consequences to health and safety in the
                       event of a major incident occurring.
6.2.24 Registration of major hazard facilities
            The Authority, within 90 days of receipt of an
            application for registration of a major hazard
            facility must register the facility as a major hazard
            facility.




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            6.2.25 Notice of registration
                    (1) As soon as is reasonably practicable after a
                        facility is registered or taken to be registered
                        under this Part, the Authority must give the
                        operator of the facility written notice of the
                        registration.
                    (2) The notice must include—
                         (a) the type of registration; and
                         (b) details of the facility that has been registered;
                             and
                         (c) the name of the operator of the facility; and
                         (d) the date on which the registration took effect,
                             or is to take effect; and
                         (e) the registration expiry date; and
                          (f) an identifying number.
            6.2.26 Registration expiry date
                    (1) For the purposes of this Chapter the registration
                        expiry date for a major hazard facility means—
                         (a) subject to paragraph (b), a date no later than
                             30 months after the date of completion or
                             alteration of the facility or proposed major
                             hazard facility;
                         (b) if a major hazard facility has been
                             determined under regulation 5.2.29, a date no
                             later than 30 months after the date specified
                             by the Authority in the notice under
                             regulation 5.2.31 as the date on which the
                             determination takes effect.




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        (2) For the purposes of subregulation (1) and
            regulation 6.2.27, completion means the earlier
            of—
             (a) the time at which Schedule 9 materials are
                 able to be introduced in the quantities
                 provided in the application; or
             (b) the time at which quantities are able to be
                 introduced at 100% of the threshold quantity.
6.2.27 Variation of registration expiry date
        (1) Within the period of registration of a major hazard
            facility, the operator may apply for a variation to
            the registration expiry date, for the purpose of—
             (a) extending the period of registration; or
             (b) expiring the registration in the case of a
                 facility that is no longer a major hazard
                 facility.
        (2) The Authority may grant a variation extending the
            period of registration if—
             (a) it is satisfied that—
                   (i) in the case of a facility notified under
                       regulation 5.2.27, there has been a
                       change in the planned date of
                       completion; and
                   (ii) the matters specified in paragraphs (a)
                        and (b) of regulation 6.1.21 are likely to
                        be achieved before the end of the
                        extended period of registration; and
             (b) the period is extended to a date no later than
                 36 months after—
                   (i) subject to subparagraph (ii), the original
                       date of completion or alteration of the
                       facility or proposed major hazard
                       facility; or



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                               (ii) if a major hazard facility has been
                                    determined under regulation 5.2.29, the
                                    date on which the determination took
                                    effect.
                         (3) The Authority may grant a variation expiring
                             the registration if it is satisfied that the
                             inventory has decreased below the threshold
                             quantity of Schedule 9 materials, is not
                             likely to exceed the threshold quantity of
                             Schedule 9 materials and the facility would
                             not be determined to be a major hazard
                             facility under regulation 5.2.29.
            6.2.28 Expiry of registration
                        Registration of a major hazard facility under this
                        Part expires on the registration expiry date
                        unless—
                         (a) a major hazard facility licence is granted, in
                             which case registration expires on the date
                             specified by the licence as the date on which
                             its grant is effective;
                         (b) the Authority decides to refuse to grant a
                             major hazard facility licence and no
                             application is made to the Tribunal for a
                             review of the decision, in which case
                             registration expires on the date specified in
                             the notification of the refusal;
                         (c) the Authority decides to refuse to grant a
                             major hazard facility licence and an
                             application is made to the Tribunal for a
                             review of the decision and that application is
                             refused by the Tribunal, in which case
                             registration expires 30 days after the day on
                             which the decision that results from the
                             review is made.




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         Division 6—Withdrawal of registration

6.2.29 Authority may withdraw registration based on false
       or misleading information
       (1) The Authority may withdraw a registration under
           this Part if it is satisfied that the person who
           applied for the registration provided false or
           misleading information in the application for the
           registration with respect to any significant detail,
           or failed to disclose to the Authority any
           significant information that should have been
           disclosed to the Authority.
       (2) Before withdrawing registration the Authority
           must conduct an inquiry to determine whether
           there are grounds for taking action under
           subregulation (1).
       (3) The Authority must give the person who holds the
           registration written notice of the inquiry.
       (4) The notice must
             (a) state the subject of the inquiry and the
                 reasons for conducting it; and
             (b) set out an outline of all allegations, facts and
                 circumstances known to the Authority that
                 are relevant to the inquiry; and
             (c) invite the person to make a submission to the
                 inquiry; and
             (d) specify a period of not less than 14 days
                 within which the person may accept the
                 invitation.
       (5) After considering any submissions made by, or on
           behalf of, the person in the time allowed, the
           Authority must decide whether or not grounds
           exist to withdraw the registration.




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                    (6) If, in the opinion of the Authority grounds do
                        exist—
                         (a) it must withdraw the registration; and
                         (b) it must give the person written notice of its
                             decision, of the reasons for its decision and
                             of the date the withdrawal is to take effect.
                    (7) In specifying the date that the withdrawal is to
                        take effect, the Authority must not specify a date
                        that is less than 14 days after the person is given
                        the notice.
            6.2.30 Authority may withdraw registrations on request
                        The Authority may withdraw the registration of a
                        person or thing under these Regulations at the
                        request of the person who holds the registration.

                                Division 7—General

            6.2.31 Evidence of registration to be kept available
                    (1) A person who holds a construction induction card
                        must keep that card available for inspection on
                        request under the Act.
                        Penalty: 5 penalty units.
                    (2) A person who holds any other registration under
                        this Part must keep the notice of registration
                        available for inspection on request under the Act.
                        Penalty: 5 penalty units for a natural person;
                                   25 penalty units for a body corporate.
            6.2.32 Changes to registration information provided
                        If, in relation to a registration under these
                        Regulations, a change occurs to any information
                        provided at any time by the person who holds that
                        registration (whether in applying for the
                        registration, under this regulation or in any other
                        circumstance), the person must advise the



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  Authority in writing of that change as soon as is
  reasonably possible after the person becomes
  aware that the change has occurred.
  Penalty: 60 penalty units for a natural person;
              300 penalty units for a body corporate.
          __________________




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                     PART 6.3—REVIEW OF DECISIONS

           6.3.1 What is a reviewable decision?
                      For the purposes of this Part, a reviewable
                      decision is a decision of the Authority—
                       (a) to refuse to grant a licence under Division 1
                           of Part 6.1 (Licences);
                       (b) to refuse to license the holder of a high risk
                           work licence to perform one or more
                           additional classes of high risk work under
                           Division 1 of Part 6.1 (Licences);
                       (c) to impose any particular term or condition on
                           a proposed licence under regulation 6.1.24;
                       (d) to amend a licence, or to refuse to amend a
                           licence, under Division 3 of Part 6.1
                           (Licences);
                       (e) to refuse to renew a licence under Division 4
                           of Part 6.1 (Licences);
                       (f) to suspend, cancel or amend a licence, or
                           part of a licence, under Division 5 of Part 6.1
                           (Licences);
                       (g) to recommend to a corresponding Authority
                           that a licence, or a part of a licence, be
                           suspended or cancelled under
                           regulation 6.1.52;
                       (h) to refuse to issue a replacement evidence of
                           licence document under regulation 6.1.28;
                       (i) to withdraw a registration under
                           regulation 6.2.29.




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6.3.2 What is a process review?
          In these Regulations, a process review of a
          decision is a review to determine whether the
          decision was made in accordance with all of the
          processes that apply under the Act and these
          Regulations in relation to the making of such a
          decision, but it does not involve any consideration
          of the merits of the decision.
6.3.3 Application for process review
      (1) A person who applied for a licence may apply to
          the Authority for a process review of a reviewable
          decision of a type listed in paragraph (a), (b) or (c)
          of regulation 6.3.1.
      (2) A licence holder may apply to the Authority for a
          process review of a reviewable decision of a type
          listed in paragraph (d), (e), (f), (g) or (h) of
          regulation 6.3.1.
      (3) A person who has had a registration withdrawn by
          the Authority under regulation 6.2.29 may apply
          for a process review of the decision to withdraw
          the registration.
      (4) An application for a review must be made
          within—
            (a) 14 days after the day on which the decision
                first came to the applicant's notice; or
            (b) such longer period as the Authority allows.
      (5) If an application is made to the Authority in
          accordance with this regulation, the Authority
          must make a decision—
            (a) to confirm the reviewable decision either on
                the basis—
                  (i) that it was made in accordance with the
                      Act and these Regulations; or




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                      (ii) that even though it was not made in
                           accordance with the Act or these
                           Regulations, the process failure was not
                           reasonably likely to have affected the
                           outcome of the decision; or
                (b) to set aside the reviewable decision.
           (6) The Authority must give a written notice to the
               applicant setting out—
                (a) the Authority's decision under
                    subregulation (5) and the reasons for the
                    decision; and
                (b) the findings on material questions of fact that
                    led to the decision, referring to the evidence
                    or other material on which those findings
                    were based.
           (7) The Authority must comply with
               subregulation (6)—
                (a) within 14 days after the application is made;
                    or
                (b) with the consent of the applicant, within a
                    further period of up to 14 days.
           (8) If the Authority does not notify an applicant of a
               decision in accordance with subregulations (6)
               and (7), the Authority is taken to have made a
               decision to confirm that the reviewable decision
               was made in accordance with the Act and these
               Regulations.
           (9) Subject to regulations 6.1.36(5) and 6.1.48, an
               application under this regulation does not affect
               the operation of the reviewable decision or
               prevent the taking of any action to implement it.




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6.3.4 Process for new decisions to be started within 7 days
          If the Authority sets a decision aside under
          regulation 6.3.3(5)(b), it must start the process to
          remake the decision within 7 days after it sets the
          decision aside.
6.3.5 Right of Tribunal review
          For the purposes of these Regulations, section 129
          of the Act applies as if—
            (a) a reference in section 129(1)(a) to a
                reviewable decision were a reference to—
                  (i) a reviewable decision that a person was
                      entitled to have reviewed under
                      regulation 6.3.3 and that has been
                      confirmed by the Authority after it has
                      conducted a process review of the
                      decision under that regulation; or
                  (ii) a reviewable decision that was a new
                       decision made after an earlier decision
                       was set aside following a process
                       review by the Authority; and
            (b) section 129(1)(b) were omitted; and
            (c) a reference in section 129(1) to an eligible
                person were a reference to a person who was
                entitled to seek a review of the decision
                under regulation 6.3.3; and
            (d) for section 129(2) there were substituted the
                following provision—
                 "(2) The application must be made—
                        (a) within 14 days after the person
                            received notice of the process
                            review decision or the new
                            decision (as the case requires); or




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                                   (b) if the Authority is required by the
                                       Victorian Civil and
                                       Administrative Tribunal Act
                                       1998 to give the person a
                                       statement of reasons, within
                                       14 days after the day on which the
                                       person is given the statement—
                                 whichever period ends last.".
                     Note
                     This regulation has the effect of enabling a person who was
                     entitled to seek a review of a decision under regulation 6.3.3
                     to apply to VCAT for a review of the decision, but only after
                     the person has applied under that regulation for a process
                     review of the decision and had the decision confirmed by
                     the Authority or a new decision is made.
           6.3.6 Notices of decisions must contain a copy of review
                 rights
                     The Authority must ensure that any written notice
                     it gives to an applicant for a licence, or a licence
                     holder, of any reviewable decision it makes
                     includes a copy of this Part (other than this
                     regulation).
                             __________________




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CHAPTER 7—ADMINISTRATIVE MATTERS AND
            EXEMPTIONS

       PART 7.1—ADMINISTRATIVE MATTERS

      Division 1—Applications and notifications

7.1.1 Form and information to be supplied
       (1) An application made, or notification required to
           be given, to the Authority under these
           Regulations
            (a) must be made or given in the form and
                manner required by the Authority; and
            (b) must include, or be accompanied by, any
                information or document required by the
                Authority.
       (2) The Authority may only require, under
           subregulation (1), information or documents that
           will provide assistance in ensuring that the
           application or notification is dealt with in
           accordance with these Regulations.
7.1.2 Return of incomplete applications or notifications
       (1) The Authority may return an incomplete
           application or notification to the person who made
           or gave it without processing it.
       (2) If the Authority returns an application or
           notification—
            (a) it must advise the person of the reasons for
                returning the application or notification; and
            (b) it must return or refund any fee that
                accompanied the application or notification.




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           7.1.3 Specific notifications
                  (1) This regulation applies to a notification to the
                      Authority required by—
                       (a) regulation 4.3.97, in relation to asbestos
                           removal work;
                       (b) regulation 4.3.98, of an unexpected situation;
                       (c) regulation 5.2.27 (presence of specified
                           quantities of certain substances at a facility).
                  (2) If any change occurs to any information provided
                      at any time by the person to the Authority in
                      relation to the notification of a matter that is
                      ongoing (whether in notifying the matter, under
                      this regulation or in any other circumstance), the
                      person must advise the Authority in writing of that
                      change as soon as is reasonably possible after the
                      person becomes aware that the change has
                      occurred.
                      Penalty: 60 penalty units for a natural person;
                                 300 penalty units for a body corporate.
                  (3) Subregulation (2) does not apply in relation to a
                      change of supervisor in relation to a matter for
                      which notification is required by
                      regulation 4.3.97.

                         Division 2—Determinations

           7.1.4 Authority must publish notice of determinations
                  (1) If the Authority makes a determination under
                      these Regulations, it must publish a notice in the
                      Government Gazette that—
                       (a) must state that the determination has been
                           made; and
                       (b) must identify to whom and to what the
                           determination applies; and



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            (c) must identify the provision or provisions of
                these Regulations to which the determination
                relates; and
            (d) may include any other details that the
                Authority considers to be appropriate.
      (2) A determination takes effect on the day on which
          the notice is published in the Government Gazette,
          or on any later day specified in the notice.
      (3) The Authority must also cause a similar notice to
          be published in a newspaper circulating generally
          throughout Victoria as soon as is reasonably
          possible after it has complied with
          subregulation (1).
      (4) Nothing in subregulation (1) is intended to require
          the Authority to include in the notice confidential
          personal information about an individual or
          information relating to manufacturing or
          commercial secrets or working processes.
7.1.5 Determination to be made available
          The Authority must make a determination
          available for inspection by any person affected by
          the determination.

                   Division 3—Notices

7.1.6 Means of giving written notice
          A written notice under these Regulations may be
          given to a person by—
            (a) delivering it personally to that person; or
            (b) sending it to that person by a method agreed
                by that person; or




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                       (c) sending it by pre-paid post addressed to that
                           person at the place that the sender of the
                           notice has reasonable grounds to believe is
                           the person's usual place of residence or
                           business or is the person's last known place
                           of residence or business.

                           Division 4—Submissions

           7.1.7 Form of submissions to the Authority
                  (1) In inviting a person to make a submission to it
                      under these Regulations, the Authority may
                      specify the form and manner in which the
                      submission is to be made.
                  (2) Despite anything to the contrary in these
                      Regulations, the Authority may refuse to consider
                      any submission that is not made in a form or
                      manner that it has specified.

           Division 5—Entry permits for authorised representatives

           7.1.8 Information to be included on entry permits
                      For the purposes of Part 8 of the Act, an entry
                      permit must include the following information—
                       (a) the name of the authorised representative;
                       (b) the name of the registered employee
                           organisation, or the relevant branch of the
                           organisation, of which the authorised
                           representative is a permanent employee or
                           officer;
                       (c) the address of the registered employee
                           organisation or relevant branch of the
                           organisation;




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    (d) a photograph of the authorised representative
        that is of the size used in Australian
        passports and that was taken not more than
        6 months before it is attached to the permit;
    (e) the date of issue of the permit;
    (f) a unique number that identifies the permit;
    (g) a statement to the effect of the statement set
        out in Schedule 13.
          __________________




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                            PART 7.2—EXEMPTIONS

           7.2.1 Authority may grant exemptions from these
                 Regulations
                 (1) The Authority may exempt any person, or any
                     class of person, from complying with any
                     provision of—
                      (a) Part 3.2 (Noise);
                      (b) Part 3.5 (Plant);
                      (c) Part 4.1 (Hazardous Substances);
                      (d) Part 4.2 (Scheduled Carcinogenic
                          Substances);
                      (e) Part 4.3 (Asbestos);
                      (f) Part 4.4 (Lead);
                      (g) Part 5.1 (Construction);
                      (h) Part 5.2 (Major Hazard Facilities);
                       (i) Part 5.3 (Mines).
                     Note
                     Regulation 7.2.2 also authorises the Authority to grant a
                     limited exemption under Part 3.6 (High Risk Work).
                 (2) If these Regulations impose an obligation under
                     any Part listed in subregulation (1) in relation to a
                     process, activity, substance or thing, the Authority
                     may exempt the process, substance, activity or
                     thing or any class of process, substance, activity
                     or thing from complying with that obligation.
                 (3) Despite subregulations (1) and (2), the Authority
                     may not exempt a person from—
                      (a) the requirement to hold a licence under
                          Part 4.3 (Asbestos) or under Part 5.2 (Major
                          Hazard Facilities); or




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            (b) a requirement under Division 10 of Part 5.2
                (Major Hazard Facilities).
7.2.2 Exemptions in relation to high risk work
          The Authority may exempt an employer, or a class
          of employer, from complying with
          regulation 3.6.2 in relation to specified high risk
          work that the employer seeks to have performed
          by a person, or class of person, who does not hold
          a high risk work licence (including persons who
          are under 18 years of age).
7.2.3 Who may apply for an exemption
      (1) The Authority may grant an exemption under
          regulation 7.2.1 on its own initiative, or on the
          written application of any person.
      (2) The Authority may grant an exemption under
          regulation 7.2.2—
            (a) in the case of an exemption applying to a
                class of employer, on its own initiative, or on
                the written application of an employer who
                seeks the exemption;
            (b) in the case of an exemption that is to apply to
                only one employer, on the written
                application of the employer.
7.2.4 Grounds on which an exemption (other than in
      relation to high risk work) may be granted
      (1) The Authority must not grant an exemption under
          regulation 7.2.1 unless it is satisfied—
            (a) that the granting of the exemption will result
                in a level of health and safety at the relevant
                workplace, or with respect to the relevant
                undertaking, that is at least equivalent to that
                which would be achieved by observance of
                the relevant provision or provisions; or




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                (b) that the provision that is to be the subject of
                    the exemption is an administrative
                    requirement under these Regulations
                      (i) that is not directly associated with a
                          risk control measure; and
                      (ii) that is inappropriate or unnecessary in
                           the circumstances.
           (2) The Authority may also grant an exemption if—
                (a) it is satisfied that the requirements of
                    subregulation (1)(a) will be met if it imposes
                    certain conditions in granting the exemption
                    and those conditions are observed; and
                (b) it imposes those conditions in granting the
                    exemption.
           (3) The Authority may also grant an exemption in
               relation to plant if it is satisfied that the risk
               associated with the plant is not significant if the
               exemption is granted.
           (4) The Authority must not grant an exemption under
               regulation 7.2.1 except in the circumstances
               permitted under subregulation (1), (2) or (3).
           (5) Subject to subregulations (1) and (2), the
               Authority may grant part only of an application
               for an exemption under regulation 7.2.1 or it may
               grant an exemption so that the exemption applies
               in a more limited way than was sought in the
               application for the exemption.
           (6) If a person applies for an exemption in relation to
               Divisions 3 to 7 of Part 5.2 (Major Hazard
               Facilities), the Authority must not refuse to grant
               the exemption unless it has—
                (a) invited the person to make a written
                    submission; and




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            (b) specified a date, not less than 14 days after
                the date of the invitation, by which the
                person may make the submission; and
            (c) considered any submission that is made by
                the person by the specified date.
7.2.5 Grounds on which an exemption in relation to high
      risk work may be granted
      (1) The Authority may only grant an exemption under
          regulation 7.2.2—
            (a) if it is satisfied that the work that is the
                subject of the application can be performed
                as safely by a person who does not hold a
                relevant high risk work licence as it could be
                performed by a person who holds such a
                licence; or
            (b) if—
                  (i) it is satisfied that the requirements of
                      paragraph (a) will be met if it imposes
                      certain conditions in granting the
                      exemption and those conditions are
                      observed; and
                  (ii) it imposes those conditions in granting
                       the exemption.
      (2) In the case of an application by an employer for
          an exemption under regulation 7.2.2 in relation to
          a particular employee, the Authority may require
          the employer to satisfy it as to the competence of
          the employee in relation to any relevant skill or
          knowledge by providing it with either an
          assessment of that competence by a licence
          assessor or a statement of attainment in relation to
          that skill or knowledge.
          Note
          Subregulation (2) also applies to employees who are under
          18 years of age.




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                 (3) The Authority may provide for an exemption
                     under regulation 7.2.2 to apply to all of the work,
                     or part of the work, that would normally be
                     required to be performed by a person with a
                     relevant high risk work licence.
           7.2.6 Applications
                 (1) An application for an exemption must
                       (a) if applicable, identify the workplace or
                           undertaking in respect of which the
                           exemption is sought; and
                       (b) identify the provision or provisions from
                           which exemption is sought; and
                       (c) explain why the exemption is sought; and
                       (d) provide sufficient information to enable the
                           Authority to decide whether it is able to
                           grant the exemption under regulation 7.2.1 or
                           7.2.2.
                 (2) An application for an exemption may be made in
                     respect of more than one provision, process,
                     activity or thing.
           7.2.7 Consultation
                     For the purposes of section 35(1) of the Act, an
                     employer must consult when making the decision
                     to apply for an exemption under this Part.
                     Note
                     Sections 35 and 36 of the Act set out the duty of the
                     employer to consult, including involving the health and
                     safety representative (if any). (See also regulation 2.1.5).




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7.2.8 Conditions
      (1) The Authority may impose on an exemption any
          conditions that it considers to be appropriate.
      (2) Without limiting subregulation (1), the Authority
          may impose, in relation to anything that is
          permitted, or that may be affected, by the
          exemption, conditions—
           (a) specifying risk control measures to be used
               or implemented;
           (b) requiring—
                   (i) monitoring (such as atmospheric
                       monitoring of the workplace);
                   (ii) the provision of health surveillance for
                        anyone at a workplace to which the
                        exemption applies;
                (iii) the recording or keeping of information
                      (including health and safety
                      information);
                (iv) the provision of information,
                     instruction and training to specified
                     people or classes of people;
                   (v) the use or implementation of systems of
                       work or processes;
           (c) requiring the reporting of information to the
               Authority, including health and safety
               information and the results of any required
               monitoring, health surveillance or testing;
           (d) imposing limits on the quantity to be used at
               the workplace of anything used under the
               exemption;
           (e) limiting who may carry out activities under
               the exemption;




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                      (f) limiting the activities that may be carried out
                          under the exemption, or specifying that only
                          certain activities may be carried out under
                          the exemption;
                      (g) requiring that notice be given that the
                          exemption has been granted, and of any
                          conditions of the exemption, to any specified
                          person who may be affected by the granting
                          of the exemption;
                      (h) imposing time limits on when any action
                          required to be taken in relation to the
                          exemption is to be taken.
                 (3) A person to whom an exemption is granted must
                     comply with the terms and conditions to which the
                     exemption is subject.
                     Penalty: 100 penalty units for a natural person;
                                500 penalty units for a body corporate.
           7.2.9 Form and contents of exemptions
                 (1) An exemption—
                      (a) must be in writing; and
                      (b) must specify—
                            (i) in the case of an exemption granted
                                under regulation 7.2.2, the name of the
                                employer or class of employer and the
                                work that may be performed for the
                                employer by employees who do not
                                hold the relevant high risk work
                                licence; and
                            (ii) in any other case, who or what is
                                 exempted; and
                           (iii) if applicable, the workplace or
                                 workplaces or undertaking or
                                 undertakings to which the exemption
                                 applies; and


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                  (iv) the provision or provisions of these
                       Regulations to which the exemption
                       relates; and
                   (v) when the exemption is to start; and
                  (vi) any conditions to which the exemption
                       is subject.
        (2) The Authority may specify how long an
            exemption is to last.
7.2.10 Notice of exemptions to be given to individual
       applicants
            If the Authority grants an exemption in response
            to an application, the Authority must give a copy
            of the exemption to the person who applied for the
            exemption.
7.2.11 Notice of exemptions to be published
        (1) If the Authority decides to grant an exemption, it
            must publish a notice in the Government Gazette
            that—
             (a) must state that the exemption has been
                 granted; and
             (b) must identify to whom and to what the
                 exemption applies; and
             (c) must identify the provision or provisions of
                 these Regulations to which the exemption
                 relates; and
             (d) must state when the exemption is to start;
                 and
             (e) may include any other details that the
                 Authority considers to be appropriate.
        (2) An exemption takes effect on the day on which
            the notice is published in the Government Gazette,
            or on any later day specified in the notice.




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                    (3) The Authority must also cause a similar notice to
                        be published in a newspaper circulating generally
                        throughout Victoria as soon as is reasonably
                        practicable after it has complied with
                        subregulation (1).
                    (4) Nothing in subregulation (1) is intended to require
                        the Authority to include in the notice confidential
                        personal information about an individual or
                        information relating to manufacturing or
                        commercial secrets or working processes.
            7.2.12 Additional obligation on the operator of a mine
                        The operator of a mine in relation to which an
                        exemption is granted must, within 30 days after
                        the exemption is granted, inform the health and
                        safety representatives at the mine that the
                        exemption has been granted.
            7.2.13 Notice of refusal
                        If the Authority refuses to grant an exemption, the
                        Authority must notify the person who applied for
                        the exemption of the reasons for the refusal in
                        writing.
            7.2.14 Variation or revocation of exemption
                    (1) The Authority may vary or revoke an exemption
                        at any time
                         (a) in the case of an exemption applying to a
                             class of person, process, substance, activity
                             or thing, by placing a notice in the
                             Government Gazette setting out the
                             variation, or stating that the exemption has
                             been revoked; or
                         (b) in any other case, by giving a written notice
                             of the variation or revocation to the person to
                             whom the exemption applies.
                    (2) The notice must include the Authority's reasons
                        for varying or revoking the exemption.


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       (3) A revocation, or variation, of an exemption takes
           effect—
             (a) if subregulation (1)(a) applies, on the day on
                 which the notice required by that
                 subregulation is published in the
                 Government Gazette or on any later day
                 specified in the notice; or
             (b) if subregulation (1)(b) applies, on the day on
                 which the person is given the written notice
                 of the revocation or variation, or on any later
                 day specified in the notice.
7.2.15 Exemptions and variations not to have retrospective
       effect
           Nothing in this Part authorises the Authority to
           specify
             (a) that an exemption takes effect before it is
                 granted; or
             (b) that a variation to an exemption takes effect
                 before notice of it is given in accordance
                 with this Part.
7.2.16 Terms and conditions to be made available
           The Authority must make the current terms and
           conditions of an exemption available for
           inspection by any person affected by the
           exemption.
7.2.17 Fee for considering exemption application
       (1) A person who applies for an exemption is liable to
           pay to the Authority a fee for the consideration of
           the application.
       (2) The fee is to be calculated at a rate of $74 for each
           hour, or part of an hour, that is taken to assess the
           application.
       (3) The Authority must not seek a fee of more than
           $445 under subregulation (2).


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            (4) The Authority must not grant an exemption to a
                person unless the person has paid the fee payable
                in respect of the Authority's consideration of the
                application.
                       __________________




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 CHAPTER 8—SAVING AND TRANSITIONAL
            PROVISIONS

 PART 8.1—GENERAL TRANSITIONAL PROVISIONS

8.1.1 Commencement day
          In this Chapter commencement day means 1 July
          2007.
8.1.2 General transitional provisions
          This Chapter does not affect or take away from
          the Interpretation of Legislation Act 1984.
8.1.3 Plant
      (1) In this regulation former Regulations means the
          Occupational Health and Safety (Plant)
          Regulations 19952.
      (2) A notification of a design of plant under
          regulation 1002 of the former Regulations that
          was not confirmed by the Authority before the
          commencement day is on and from the
          commencement day to be taken to be an
          application for registration of the plant design
          under Part 6.2 (Registration) of these Regulations.
      (3) A confirmation of a notification of a design of
          plant under regulation 1002(5) of the former
          Regulations is on and from the commencement
          day to be taken to be a registration of the plant
          design under Part 6.2 (Registration) of these
          Regulations.
      (4) If an application for registration or renewal of
          registration of plant under regulation 1008 of the
          former Regulations was made but the plant was
          not registered before the commencement day, the
          application is on and from the commencement day
          to be taken to be an application for registration or



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                     renewal of registration (as the case may be) of the
                     plant under Part 6.2 (Registration) of these
                     Regulations.
                 (5) A registration, or renewal of registration, of plant
                     under regulation 1008 of the former Regulations is
                     on and from the commencement day to be taken to
                     be a registration, or renewal of the registration (as
                     the case may be), of the plant under Part 6.2
                     (Registration) of these Regulations.
                 (6) Regulation 3.5.50 of these Regulations does not
                     apply for 12 months after the commencement day
                     to any plant listed in Part 2 of Schedule 2 to these
                     Regulations that did not require registration under
                     Part 10 of the former Regulations immediately
                     before the commencement day.
           8.1.4 Hazardous substances—MSDS
                     If on the commencement day, a manufacturer or
                     importing supplier has a current MSDS that
                     complies with regulation 204(1) of the
                     Occupational Health and Safety (Hazardous
                     Substances) Regulations 19993, that person may
                     continue to provide that current MSDS until
                     30 June 2008.
           8.1.5 Carcinogens licences and notifications
                 (1) In this regulation former Regulations means
                     Occupational Health and Safety (Hazardous
                     Substances) Regulations 1999.
                 (2) If on the commencement day, a person holds
                     a licence granted by the Authority under
                     regulation 405 of the former Regulations, that
                     person may continue to use Schedule 1
                     carcinogenic substances in a laboratory or
                     Schedule 2 carcinogenic substances in a
                     workplace, in accordance with any conditions
                     attached to the licence, until the licence expires.




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      (3) If on the commencement day, a person holds a
          confirmation of notification issued by the
          Authority under regulation 417 of the former
          Regulations, that person may continue to use
          Schedule 2 carcinogenic substances in a
          laboratory until the date on which the Authority
          would have required re-notification of an intention
          to use the substance by the holder of the
          notification.
      (4) On and from the commencement day, a person
          who has made a valid application for a
          notification to the Authority under regulation 416
          of the former Regulations and who has not yet
          received a confirmation of notification by the
          Authority under regulation 417 of the former
          Regulations is to be taken to have made an
          application for a licence to use a Schedule 2
          carcinogenic substance under Part 6.1 (Licences)
          of these Regulations.
8.1.6 Asbestos
      (1) In this regulation former Regulations means the
          Occupational Health and Safety (Asbestos)
          Regulations 20034.
      (2) A Class A licence issued under the former
          Regulations and in force immediately before the
          commencement day is to be taken on and from the
          commencement day to be a Class A asbestos
          removal licence granted under Part 6.1 (Licences)
          of these Regulations.
      (3) A Class B licence issued under the former
          Regulations and in force immediately before the
          commencement day is to be taken on and from the
          commencement day to be a Class B asbestos
          removal licence granted under Part 6.1 (Licences)
          of these Regulations.




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                  (4) An application for a Class A licence under the
                      former Regulations made but not determined by
                      the Authority before the commencement day is on
                      and from the commencement day to be taken to be
                      an application for a Class A asbestos removal
                      licence under Part 6.1 (Licences) of these
                      Regulations.
                  (5) An application for a Class B licence under the
                      former Regulations made but not determined by
                      the Authority before the commencement day is on
                      and from the commencement day to be taken to be
                      an application for a Class B asbestos removal
                      licence under Part 6.1 (Licences) of these
                      Regulations.
                  (6) A current record of results kept by an occupier of
                      a workplace under the former Regulations and
                      existing immediately before the commencement
                      day is to be taken on and from the commencement
                      day to be the asbestos register of the person in
                      management or control of that workplace for the
                      purposes of Part 4.3 (Asbestos) of these
                      Regulations.
                  (7) A current record of results kept by an employer
                      under the former Regulations and existing
                      immediately before the commencement day is to
                      be taken on and from the commencement day to
                      be the employer's asbestos register for the
                      purposes of Part 4.3 (Asbestos) of these
                      Regulations.
           8.1.7 Transitional provision relating to principal
                 contractors
                      Subdivision 2 of Division 2 of Part 5.1
                      (Construction) does not apply to a construction
                      project if the contract to perform the construction
                      work was entered into before the commencement
                      of that Subdivision.




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8.1.8 Major hazard facilities
       (1) In these Regulations former Regulations means
           the Occupational Health and Safety (Major
           Hazard Facilities) Regulations 20005.
       (2) A licence issued under the former Regulations and
           in force immediately before the commencement
           day is to be taken on and from the commencement
           day to be a major hazard facility licence granted
           under Part 6.1 (Licences) of these Regulations.
       (3) A registration of a facility under the former
           Regulations that is in force immediately before the
           commencement day is to be taken on and from the
           commencement day to be a registration of that
           facility under Part 6.2 (Registration) of these
           Regulations.
       (4) A notification of a facility under regulation 702 of
           the former Regulations that was not determined by
           the Authority before the commencement day is to
           be taken on and from the commencement day to
           be an application for registration of that facility
           under Part 6.2 (Registration) of these Regulations.
       (5) A notification of a facility made under
           regulation 703 of the former Regulations that was
           not determined by the Authority before the
           commencement day is to be taken on and from the
           commencement day to be a notification under
           regulation 5.2.27 of these Regulations.
       (6) An application for a licence under the former
           Regulations made but not determined by the
           Authority before the commencement day is to be
           taken on and from the commencement day to be
           an application for a major hazard facility licence
           under Part 6.1 (Licences) of these Regulations.




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                  (7) Clause 6 of Schedule 12 of these Regulations in
                      respect of unauthorised persons and control of
                      access does not apply to a Safety Case existing
                      under the former Regulations before the
                      commencement day.
            8.1.9 Exemptions
                  (1) In this regulation, former Regulations means the
                      regulations made under the Act or the
                      Occupational Health and Safety Act 1985, other
                      than the Occupational Health and Safety
                      (Certification of Plant Users and Operators)
                      Regulations 19946.
                  (2) Any exemption granted under the former
                      Regulations before the commencement day that
                      was in force immediately before the
                      commencement day continues in force as if it had
                      been granted under Part 7.2 (Exemptions) in
                      respect of the corresponding provision of these
                      Regulations until it expires or otherwise ceases to
                      operate according to its terms, or until it is
                      revoked by the Authority, whichever occurs first.
           8.1.10 Determinations
                  (1) In this regulation former Regulations means the
                      regulations made under the Act or the
                      Occupational Health and Safety Act 1985.
                  (2) Any determination made by the Authority under
                      the former Regulations before the commencement
                      day that was in force immediately before the
                      commencement day continues in force as if it had
                      been made under the corresponding provision of
                      these Regulations until it is revoked by the
                      Authority.




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8.1.11 References to Acts
        (1) Until the commencement of section 6.1.1((l) of
            the Education and Training Reform Act 2006, a
            reference to that Act in the definition of AQF in
            regulation 1.1.5 is to be taken to be a reference to
            the Victorian Qualifications Authority Act
            2000.
        (2) Until the commencement of section 6.1.1((l) of
            the Education and Training Reform Act 2006, a
            reference to Chapter 4 of that Act in the definition
            of RTO in regulation 1.1.5 is to be taken to be a
            reference to the Victorian Qualifications
            Authority Act 2000.
        (3) Until the commencement of section 6.1.1((e) of
            the Education and Training Reform Act 2006, a
            reference to that Act in regulation 5.1.22 is to be
            taken to be a reference to the Education Act
            1958.
                   __________________




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                        PART 8.2—HIGH RISK WORK

           8.2.1 Definitions
                     In this Part—
                     certificate of competency means—
                               (a) a certificate of competency granted or
                                   issued under the former Regulations; or
                               (b) a certificate of competency that was
                                   issued under the Lifts and Cranes Act
                                   1967, the Boilers and Pressure
                                   Vessels Act 1970 or the Scaffolding
                                   Act 1971 or regulations made under
                                   those Acts, and that was in force
                                   immediately before the former
                                   Regulations came into operation, and
                                   that has not subsequently been
                                   cancelled or surrendered; or
                               (c) a certificate that is equivalent to a
                                   certificate of competency referred to in
                                   paragraph (a) or (b) that was issued
                                   under the Lifts and Cranes Act 1967,
                                   the Boilers and Pressure Vessels Act
                                   1970 or the Scaffolding Act 1971 or
                                   regulations made under those Acts, and
                                   that was in force immediately before
                                   the day the former Regulations came
                                   into operation, and that has not
                                   subsequently been cancelled or
                                   surrendered;
                     former Regulations means the Occupational
                         Health and Safety (Certification of Plant
                         Users and Operators) Regulations 1994.




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8.2.2 Previous exemptions cease to have effect
       (1) All exemptions granted under the former
           Regulations cease to have effect.
       (2) A person who was exempted by regulation 8(4) of
           the former Regulations from the need to comply
           with regulation 7(1) of the former Regulations is
           not required to comply with regulation 3.6.1 of
           these Regulations at any time before 1 July 2008.
       (3) A person who was exempted by regulation 8(4) of
           the former Regulations from the need to comply
           with regulation 7(2) of the former Regulations is
           not required to comply with regulation 3.6.2 of
           these Regulations in respect of an employee who
           is exempted under subregulation (2) of this
           regulation.
8.2.3 Certificates to continue to have effect
       (1) If a person holds a certificate of competency
           immediately before the commencement day, the
           following provisions apply until the certificate
           expires or is cancelled under this Part—
            (a) the person is to be treated as if he or she
                were licensed under these Regulations to
                perform the work authorised by the
                certificate of competency; and
            (b) the certificate held by the person is to be
                treated as if it were an evidence of licence
                document issued under these Regulations.
       (2) Without limiting subregulation (1), the Authority
           may amend, suspend or cancel the certificate of
           competency as if it were a licence.




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           8.2.4 Phased expiry of certificates of competency
                 (1) For the purposes of this regulation, the relevant
                     date of a certificate of competency is—
                       (a) if the certificate has not been endorsed, the
                           date on which it was granted or issued; or
                       (b) in any other case, the date on which it was
                           last endorsed.
                 (2) A certificate of competency that was not granted
                     or issued under the former Regulations and that
                     has a relevant date that falls within a period set
                     out in column 1 of Table 1 expires on the date set
                     out next to that period in column 2 of Table 1.
                 (3) A certificate of competency that was granted or
                     issued under the former Regulations and that has a
                     relevant date that falls within a period set out in
                     column 1 of Table 2 expires on the date set out
                     next to that period in column 2 of Table 2.
                        Table 1—Expiry dates for certificates not granted or
                               issued under the former Regulations
                       Column 1                           Column 2
                       Relevant date                      Expiry date
                       Pre 1 August 1978                  31 January 2008
                       1 August 1978–30 April 1981        29 February 2008
                       1 May 1981–31 October 1982         31 March 2008
                       1 November 1982–31 May 1984        30 April 2008
                       1 June 1984–31 October 1985        31 May 2008
                       1 November 1985–30 November        30 June 2008
                       1986
                       1 December 1986–31 December        31 July 2008
                       1987
                       1 January 1988–31 May 1989         31 August 2008
                       1 June 1989–30 November 1989       30 September 2008
                       1 December 1989–30 June 1990       31 October 2008




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    Column 1                           Column 2
    Relevant date                      Expiry date
    1 July 1990–30 November 1990       30 November 2008
    1 December 1990–30 June 1991       31 December 2008
    1 July 1991–31 January 1992        31 January 2009
    1 February 1992–31 August 1992     28 February 2009
    1 September 1992–28 February       31 March 2009
    1993
    1 March 1993–31 July 1993          30 April 2009
    1 August 1993–31 December          31 May 2009
    1993
    1 January 1994–30 June 1994        30 June 2009
    1 July 1994–31 October 1994        31 July 2009
    1 November 1994–31 March           31 August 2009
    1995
    1 April 1995–30 November 1999      30 September 2009

   Table 2—Expiry dates for certificates granted or issued
             under the former Regulations
    Column 1                           Column 2
    Relevant date                      Expiry date
    Pre 1 August 1995                  31 January 2008
    1 August 1995–31 August 1995       29 February 2008
    1 September 1995–30 September      31 March 2008
    1995
    1 October 1995–31 October 1995     30 April 2008
    1 November 1995–30 November        31 May 2008
    1995
    1 December 1995–31 December        30 June 2008
    1995
    1 January 1996–30 April 1996       31 July 2008
    1 May 1996–31 July 1996            31 August 2008
    1 August 1996–30 September         30 September 2008
    1996




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               Column 1                           Column 2
               Relevant date                      Expiry date
               1 October 1996–31 December         31 October 2008
               1996
               1 January 1997–30 April 1997       30 November 2008
               1 May 1997–31 July 1997            31 December 2008
               1 August 1997–31 October 1997      31 January 2009
               1 November 1997–31 January         28 February 2009
               1998
               1 February 1998–30 April 1998      31 March 2009
               1 May 1998—31 July 1998            30 April 2009
               1 August 1998–31 October 1998      31 May 2009
               1 November 1998–31 December        30 June 2009
               1998
               1 January 1999–30 April 1999       31 July 2009
               1 May 1999–31 July 1999            31 August 2009
               1 August 1999–30 September         30 September 2009
               1999
               1 October 1999–31 December         31 October 2009
               1999
               1 January 2000–30 April 2000       30 November 2009
               1 May 2000–31 July 2000            31 December 2009
               1 August 2000–31 October 2000      31 January 2010
               1 November 2000–31 January         28 February 2010
               2001
               1 February 2001–30 April 2001      31 March 2010
               1 May 2001–31 July 2001            30 April 2010
               1 August 2001–30 September         31 May 2010
               2001
               1 October 2001–31 December         30 June 2010
               2001
               1 January 2002–30 April 2002       31 July 2010
               1 May 2002–31 July 2002            31 August 2010




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    Column 1                           Column 2
    Relevant date                      Expiry date
    1 August 2002–31 October 2002      30 September 2010
    1 November 2002–28 February        31 October 2010
    2003
    1 March 2003–31 May 2003           30 November 2010
    1 June 2003–31 August 2003         31 December 2010
    1 September 2003–30 November       31 January 2011
    2003
    1 December 2003–29 February        28 February 2011
    2004
    1 March 2004–31 May 2004           31 March 2011
    1 June 2004–31 July 2004           30 April 2011
    1 August 2004–31 October 2004      31 May 2011
    1 November 2004–31 December        30 June 2011
    2004
    1 January 2005–31 March 2005       31 July 2011
    1 April 2005–30 June 2005          31 August 2011
    1 July 2005–30 September 2005      30 September 2011
    1 October 2005–31 December         31 October 2011
    2005
    1 January 2006–31 March 2006       30 November 2011
    1 April 2006–30 June 2006          31 December 2011
    1 July 2006–31 August 2006         31 January 2012
    1 September 2006–31 October        29 February 2012
    2006
    1 November 2006–31 December        31 March 2012
    2006
    1 January 2007–28 February 2007    30 April 2012
    1 March 2007–30 April 2007         31 May 2012
    1 May 2007–30 June 2007            30 June 2012




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           8.2.5 Certain certificates continue to have effect until
                 licence decision finally made
                  (1) This regulation applies if—
                        (a) a person applies for a high risk work licence
                            to perform a type of work that he or she is
                            authorised to perform under a certificate of
                            competency; and
                        (b) the licence is not granted on or before that
                            date.
                  (2) The certificate continues to have effect as if it had
                      not expired—
                        (a) until the licence is granted; or
                        (b) if the licence is not granted, and the person
                            does not apply to the Tribunal for a review of
                            the decision in accordance with these
                            Regulations, until 14 days after the date that
                            the person is given written notice of the final
                            decision of the Authority; or
                        (c) if the licence is not granted, and the person
                            applies to the Tribunal for a review of the
                            decision in accordance with these
                            Regulations—
                              (i) until the person withdraws the
                                  application for review; or
                              (ii) until the person is given a document
                                   setting out the terms of the decision of
                                   the Tribunal on the application for
                                   review—
                            whichever occurs first.
           8.2.6 Assessor authorisations to continue to have effect
                  (1) If a person holds a certificate authorising him or
                      her to act as a certificate assessor under the former
                      Regulations immediately before the
                      commencement day, the following provisions


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          apply until the certificate is cancelled under
          Part 6.1 (Licences) or expires—
            (a) the person is authorised to carry out the types
                of assessment of competency authorised by
                the certificate for the purpose of assessing
                the competency of applicants for the related
                classes of high risk work licences; and
            (b) the person must comply with Part 6.1
                (Licences) as if the person were licensed;
                and
            (c) the certificate held by the person is to be
                taken to be an evidence of licence document
                issued under these Regulations.
      (2) Without limiting subregulation (1), the Authority
          may amend, suspend or cancel the certificate as if
          it were a licence.
      (3) If not sooner cancelled, a certificate expires on
          30 June 2009.
      (4) Subregulation (3) applies even if an earlier expiry
          date is set out on the certificate.
8.2.7 Only licences may be endorsed on or after
      1 July 2007
          Despite regulation 8.2.3, a certificate of
          competency cannot be endorsed on or after the
          commencement day.
          Note
          A person who holds a certificate of competency and who
          seeks on or after 1 July 2007 to be licensed to perform an
          additional type of high risk work will only be able to do so
          by applying for the endorsement either in conjunction with
          an application for a licence covering the existing type or
          types of high risk work that the person is authorised to
          perform, or after such a licence has been granted.




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           8.2.8 Operation of self-erecting tower cranes
                     A certificate of competency that authorises a
                     person to operate a tower crane ceases to authorise
                     a person to operate a self-erecting tower crane on
                     1 July 2009.
                             __________________




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Part 9.1—Amendments to the Dangerous Goods (Explosives) Regulations
                                                                      r. 9.1.1
                              2000


CHAPTER 9—CONSEQUENTIAL AMENDMENTS

PART 9.1—AMENDMENTS TO THE DANGEROUS GOODS
         (EXPLOSIVES) REGULATIONS 2000

9.1.1 Definitions
             In regulation 106 of the Dangerous Goods
             (Explosives) Regulations 20007—
               (a) in the definition of plant, for "1985"
                   substitute "2004";
              (b) for the definition of practicable,
                  substitute—
                   "practicable means practicable having regard
                        to—
                          (a) the severity of the hazard or risk
                              in question; and
                          (b) the state of knowledge about that
                              hazard or risk and any ways of
                              removing or mitigating that hazard
                              or risk; and
                          (c) the availability and suitability of
                              ways to remove or mitigate that
                              hazard or risk; and
                          (d) the cost of removing or mitigating
                              that hazard or risk;".
9.1.2 Holders of major hazard facilities licences
             In regulations 120(1) and 120(4) of the Dangerous
             Goods (Explosives) Regulations 2000, for
             "Occupational Health and Safety (Major Hazard
             Facilities) Regulations 2000" substitute
             "Occupational Health and Safety Regulations
             2007".




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r. 9.1.3
                                         2000

           9.1.3 Injury or property damage to be reported
                        In regulation 131(5) of the Dangerous Goods
                        (Explosives) Regulations 2000—
                          (a) for "the Occupational Health and Safety
                              (Incident Notification) Regulations 1997"
                              substitute "Part 5 of the Occupational
                              Health and Safety Act 2004"; and
                          (b) for "according to those Regulations"
                              substitute "in accordance with that Part".
                                __________________




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Part 9.2—Amendments to the Dangerous Goods (Storage and Handling)
                                                                    r. 9.2.1
                        Regulations 2000


PART 9.2—AMENDMENTS TO THE DANGEROUS GOODS
   (STORAGE AND HANDLING) REGULATIONS 2000

9.2.1 Definitions
            In regulation 105 of the Dangerous Goods
            (Storage and Handling) Regulations 20008—
              (a) in the definition of employer, for "1985"
                  substitute "2004";
              (b) in the definition of hazardous substance, for
                  "the Occupational Health and Safety
                  (Hazardous Substances) Regulations 1999"
                  substitute "Part 4.1 (Hazardous Substances)
                  of the Occupational Health and Safety
                  Regulations 2007";
              (c) in the definition of health and safety
                  representative, for "section 30 of the
                  Occupational Health and Safety Act 1985"
                  substitute "Part 7 of the Occupational
                  Health and Safety Act 2004".
9.2.2 Exemptions—Major hazard facilities
            In regulation 203(a) of the Dangerous Goods
            (Storage and Handling) Regulations 2000, for
            "Occupational Health and Safety (Major Hazard
            Facilities) Regulations 2000" substitute
            "Occupational Health and Safety Regulations
            2007".
9.2.3 Compliance with Occupational Health and Safety
      Regulations
        (1) Insert the following heading to regulation 205 of
            the Dangerous Goods (Storage and Handling)
            Regulations 2000—
            "Compliance with Occupational Health and
            Safety Regulations".




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                   (2) In regulation 205(1) of the Dangerous Goods
                       (Storage and Handling) Regulations 2000, for "the
                       Occupational Health and Safety (Hazardous
                       Substances) Regulations 1999" substitute
                       "Part 4.1 (Hazardous Substances) of the
                       Occupational Health and Safety Regulations
                       2007".
           9.2.4 Major hazard facilities to be licensed
                       In regulation 501(4) of the Dangerous Goods
                       (Storage and Handling) Regulations 2000, for
                       "Occupational Health and Safety (Major Hazard
                       Facilities) Regulations 2000" (where twice
                       occurring) substitute "Occupational Health and
                       Safety Regulations 2007".
                               __________________




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                          SCHEDULES

                          SCHEDULE 1

                                                      Regulation 1.1.4(1)

             REVOCATION OF REGULATIONS
S.R. No.    Title
108/1994    Occupational Health and Safety (Certification of Plant Users
            and Operators) Regulations 1994;
81/1995     Occupational Health and Safety (Plant) Regulations 1995;
148/1996    Occupational Health and Safety (Confined Spaces)
            Regulations 19969;
5/1998      Occupational Health and Safety (General Amendment)
            Regulations 199810;
138/1998    Occupational Health and Safety (Plant) (Amendment)
            Regulations 199811;
143/1999    Occupational Health and Safety (Hazardous Substances)
            Regulations 1999;
94/1999     Occupational Health and Safety (Issue Resolution)
            Regulations 199912;
84/1999     Occupational Health and Safety (Manual Handling)
            Regulations 199913;
62/2000     Occupational Health and Safety (Lead) Regulations 200014;
50/2000     Occupational Health and Safety (Major Hazard Facilities)
            Regulations 2000;
53/2001     Occupational Health and Safety (Plant) (Amendment)
            Regulations 200115;
20/2002     Occupational Health and Safety (Major Hazard Facilities)
            (Amendment) Regulations 200216;
104/2002    Occupational Health and Safety (Mines) Regulations 2002 17;
16/2003     Occupational Health and Safety (Asbestos) Regulations
            2003;
121/2003    Occupational Health and Safety (Prevention of Falls)
            Regulations 200318;




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         S.R. No.    Title
         157/2003    Occupational Health and Safety (Asbestos) (Amendment)
                     Regulations 200319;
         10/2004     Occupational Health and Safety (Noise) Regulations 200420;
         105/2004    Occupational Health and Safety (Mines) (Amendment)
                     Regulations 200421;
         64/2005     Occupational Health and Safety (Entry Permits) Regulations
                     200522.

                              __________________




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                          SCHEDULE 2

                              PLANT

                                    Regulations 3.5.47, 3.5.48 and 3.5.50

       PLANT DESIGNS AND ITEMS OF PLANT TO BE
                    REGISTERED

PART 1—PLANT REQUIRING REGISTRATION OF DESIGN

1.1    Pressure equipment, other than pressure piping.
1.2    Tower cranes.
1.3    Self-erecting tower cranes.
1.4    Lifts.
1.5    Building maintenance units.
1.6    Hoists, with a platform movement in excess of
       2·4 metres, designed to lift people.
1.7    Work boxes suspended from cranes.
1.8    Amusement structures to which AS 3533.1—
       Amusement rides and devices—Part 1: Design and
       construction applies, other than amusement structures
       referred to in the Standard as class 1 structures.
1.9    Prefabricated scaffolding, being an integrated system of
       prefabricated components manufactured in such a way
       that the possible geometry of assembled scaffolds is
       pre-determined by the designer.
1.10   Boom-type elevating work platforms.
1.11   Gantry cranes with a safe working load greater than
       5 tonnes or bridge cranes with a safe working load
       greater than 10 tonnes, and a gantry crane or a bridge
       crane which is designed to handle molten metal or
       dangerous goods.



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         1.12   Vehicle hoists, being hoists that are permanently
                installed or intended to be permanently installed in a
                workplace to elevate a vehicle to allow work to be
                performed on the vehicle.
         1.13   Mast climbing work platforms.
         1.14   Mobile cranes with a safe working load greater than
                10 tonnes.

          PART 2—ITEMS OF PLANT REQUIRING REGISTRATION

         2.1    Boilers categorised as hazard level A, B or C according
                to the criteria identified in AS 4343 Pressure
                equipment—Hazard levels.
         2.2    Pressure vessels categorised as hazard level A, B or C
                according to the criteria identified in AS 4343 Pressure
                equipment—Hazard levels, other than—
                 (a) gas cylinders to which AS 2030—Gas Cylinders
                     applies; and
                         Note
                         See the definition of AS 2030—Gas Cylinders which
                         encompasses AS 2030.1, AS 2030.2 and AS 2030.4.
                 (b) liquefied petroleum gas fuel vessels for automotive
                     use to which AS/NZS 3509—LP Gas fuel vessels
                     for automotive use applies; and
                 (c) serially produced vessels to which AS 2971—
                     Serially produced pressure vessels applies.
         2.3    Tower cranes.
         2.4    Self-erecting tower cranes.
         2.5    Lifts.
         2.6    Building maintenance units.
         2.7    Amusement structures to which AS 3533.1—
                Amusement rides and devices—Part 1: Design and
                construction applies, other than amusement structures
                referred to in the standard as class 1 structures.



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2.8   Concrete placing units (truck-mounted with boom).
2.9   Mobile cranes with a safe working load greater than
      10 tonnes.
                    __________________




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                               SCHEDULE 3

                           HIGH RISK WORK

                                                            Regulation 1.1.5

                           LICENCE CLASSES

         PART 1—LICENCE CLASSES FOR SCAFFOLDING AND
                          RIGGING

           1 Definitions
                  In this Part—
                  crane means an appliance intended for raising and
                       lowering a load and moving it horizontally
                       but does not include industrial lift-trucks,
                       earthmoving machinery, amusement
                       structures, tractors, industrial robots or lifts;
                  dogging means the application of slinging
                      techniques, including the selection or
                      inspection of lifting gear, or the directing of
                      a crane or hoist operator in the movement of
                      a load when the load is out of the operator's
                      view;
                  rigging means the use of mechanical loadshifting
                       equipment and associated gear to move,
                       place or secure a load including plant,
                       equipment or members of a building or
                       structure and to ensure the stability of those
                       members and for the setting up and
                       dismantling of cranes and hoists, but does
                       not include the setting up of a crane or hoist
                       which only requires the positioning of
                       integral outriggers or stabilisers;




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       scaffolding means the erection, alteration or
            dismantling of a temporary structure,
            specifically erected to support platforms, if
            the structure is such that a person or object
            could fall more than 4 metres from the
            structure;
       slinging techniques in relation to dogging means
            those slinging techniques that require
            judgment to be exercised in relation to the
            suitability and condition of lifting gear, and
            the method of slinging, by consideration of
            the nature of the load, its mass and its centre
            of gravity.
2 Basic scaffolding licence
       The scope of work for this licence is scaffolding
       work associated with—
         (a) prefabricated scaffolds;
         (b) cantilevered hoists with a maximum working
             load limit of 500 kilograms (materials only);
         (c) ropes;
         (d) gin wheels;
         (e) safety nets and static lines;
         (f) bracket scaffolds (tank and formwork)—
       but does not include work involving—
         (g) cantilevered crane loading platforms;
         (h) cantilevered and spurred scaffolds;
         (i) barrow ramps and sloping platforms;
         (j) scaffolding associated with perimeter safety
             screens and shutters;
         (k) mast climbers;
         (l) tube and coupler scaffolds (including tube
             and coupler covered ways and gantries);



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                 (m) hung scaffolds, including scaffolds hanging
                     from tubes, wire ropes and chains;
                  (n) suspended scaffolds.
         3 Intermediate scaffolding licence
                The scope of work for this licence is scaffolding
                work associated with—
                  (a) prefabricated scaffolds;
                  (b) cantilevered hoists with a maximum working
                      load of 500 kilograms (materials);
                  (c) ropes;
                  (d) gin wheels;
                  (e) safety nets and static lines;
                  (f) bracket scaffolds (tank and formwork);
                  (g) cantilevered crane loading platforms;
                  (h) cantilevered and spurred scaffolds;
                  (i) barrow ramps and sloping platforms;
                  (j) scaffolding associated with perimeter safety
                      screens and shutters;
                  (k) mast climbers;
                  (l) tube and coupler scaffolds including tube
                      and coupler covered ways and gantries—
                but does not include work involving—
                 (m) hung scaffolds, including scaffolds hanging
                     from tubes, wire ropes and chains;
                  (n) suspended scaffolds.
                The scope of the work in this licence includes the
                scope of the work for the basic scaffolding
                licence.




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4 Advanced scaffolding licence
       The scope of work for this licence is all
       scaffolding work, including—
         (a) prefabricated scaffolds;
         (b) cantilevered hoists;
         (c) ropes;
         (d) gin wheels;
         (e) safety nets and static lines;
         (f) bracket scaffolds (tank and formwork);
         (g) cantilevered crane loading platforms;
         (h) cantilevered and spurred scaffolds;
         (i) barrow ramps and sloping platforms;
         (j) scaffolding associated with perimeter safety
             screens and shutters;
         (k) mast climbers;
         (l) tube and coupler scaffolds including tube
             and coupler covered ways and gantries;
        (m) hung scaffolds, including scaffolds hanging
            from tubes, wire ropes and chains;
         (n) suspended scaffolds.
       The scope of the work in this licence includes the
       scope of the work for the intermediate scaffolding
       licence.
5 Dogging licence
       The scope of work for this licence is the
       application of slinging techniques including the
       selection and inspection of lifting gear and the
       directing of the crane or hoist operator in the
       movement of the load including when the load is
       out of view of the operator.




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Sch. 3


         6 Basic rigging licence
                The scope of work for this licence is dogging and
                rigging work associated with—
                  (a) movement of plant and equipment;
                  (b) steel erection;
                  (c) hoists (other than hoists with jibs and self-
                      climbing hoists);
                  (d) placement of pre-cast concrete;
                  (e) safety nets and static lines;
                  (f) mast climbers;
                  (g) perimeter safety screens and shutters;
                  (h) cantilevered crane loading platforms—
                but does not include work involving—
                  (i) use of load equalising gear;
                  (j) rigging of cranes, conveyors, dredges and
                      excavators;
                  (k) tilt slabs;
                  (l) hoists with jibs and self-climbing hoists;
                 (m) demolition;
                  (n) dual lifts;
                  (o) rigging of gin poles and shear legs;
                  (p) flying foxes and cable ways;
                  (q) guyed derricks and structures;
                  (r) suspended scaffolds and fabricated hung
                      scaffolds.
                The scope of the work in this licence includes the
                scope of the work for the dogging licence.




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7 Intermediate rigging licence
       The scope of work for this licence is dogging and
       rigging work associated with—
         (a) movement of plant and equipment;
         (b) steel erection;
         (c) all hoists;
         (d) placement of pre-cast concrete;
         (e) safety nets and static lines;
         (f) mast climbers;
         (g) perimeter safety screens and shutters;
         (h) cantilevered crane loading platforms;
         (i) rigging of cranes, conveyors, dredges and
             excavators;
         (j) tilt slabs;
         (k) demolition;
         (l) dual lifts—
       but does not include work involving—
        (m) rigging of gin poles and shear legs;
         (n) flying foxes and cable ways;
         (o) guyed derricks and structures;
         (p) suspended scaffolds and fabricated hung
             scaffolds.
       The scope of the work for this licence includes the
       scope of the work for the basic rigging licence.
8 Advanced rigging licence
       The scope of work for this licence is dogging and
       all rigging work, including rigging work
       associated with—
         (a) movement of plant and equipment;



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                    (b) steel erection;
                    (c) all hoists;
                    (d) placement of pre-cast concrete;
                    (e) safety nets and static lines;
                    (f) mast climbers;
                    (g) perimeter safety screens and shutters;
                    (h) cantilevered crane loading platforms;
                    (i) rigging of cranes, hoists, conveyors, dredges
                        and excavators;
                    (j) tilt slabs;
                    (k) demolition;
                    (l) dual lifts;
                   (m) rigging of gin poles and shear legs;
                    (n) flying foxes and cable ways;
                    (o) guyed derricks and structures;
                    (p) suspended scaffolds and fabricated hung
                        scaffolds.
                  The scope of the work for this licence includes the
                  scope of the work for the intermediate rigging
                  licence.

         PART 2—LICENCE CLASSES FOR CRANE, HOIST AND
                 FORK LIFT TRUCK OPERATION

           9 Definitions
                  In this Part—
                  boom-type elevating work platform means a
                      powered telescoping device, hinged device
                      or articulated device or any combination of
                      those devices used to support a platform on
                      which personnel, equipment and materials



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        may be elevated to perform work and which
        has a boom length of 11 metres or more;
  bridge crane means a powered crane that—
          (a) consists of one or more bridge beams
              mounted at each end to an end carriage;
              and
          (b) is capable of travelling along elevated
              runways; and
          (c) has one or more hoisting mechanisms
              that are able to travel across the bridge
              beam or beam—
        but does not include a crane that has 3 or less
        powered operations and that is controlled
        from a location remote to a permanent cabin
        or control station on the crane;
  concrete placing boom means a powered mobile
      truck-mounted plant incorporating a knuckle
      boom that is capable of power-operated
      slewing and luffing to place concrete by way
      of pumping concrete through a pipeline
      attached to, or forming part of, the boom of
      the plant;
  crane means an appliance intended for raising and
       lowering a load and moving it horizontally
       but does not include industrial lift-truck,
       earthmoving machinery, amusement
       structure, tractor, industrial robot or lift;
  derrick crane means a powered slewing strut-
       boom crane with its boom pivoted at the base
       of a mast which is either guyed or held by
       backstays and which is capable of luffing
       under load;




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           fork-lift truck means a powered industrial truck
                equipped with a mast and an elevating load
                carriage to which is attached a pair of fork
                arms or other loadholding attachment,
                including a truck on which the operator is
                raised with the attachment for order-picking,
                but does not include a pedestrian operated
                industrial truck;
           gantry crane means a powered crane that—
                   (a) consists of one or more bridge beams
                       supported at each end by legs mounted
                       on end carriages; and
                   (b) is capable of travelling on supporting
                       surfaces or deck levels, whether fixed
                       or not; and
                   (c) has a crab with one or more hoisting
                       units that are able to travel across the
                       bridge beam or beam—
                 but does not include a crane that has 3 or less
                 powered operations and that is controlled
                 from a location remote to a permanent cabin
                 or control station on the crane;
           hoist means an appliance intended for raising or
                lowering a load or people and includes a
                mast climbing work platform, a personnel
                and materials hoist, a slip form or jump
                form, but does not include a lift;
           materials platform hoist means a powered
               builder's hoist by which only goods or
               materials and not people may be hoisted and
               where the car, bucket or platform is
               cantilevered from, and travels up and down
               externally to, a face of the support structure;




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  mechanical loadshifting equipment includes
      cranes, hoists, cableways, flying foxes,
      winches, blocks and purchases which
      incorporate sheaves, jacks and air bags;
  non-slewing mobile crane means a powered
      mobile crane with a capacity of more than
      3 tonnes and which incorporates a boom or
      jib that is not capable of being slewed,
      including an articulated type mobile crane
      and a locomotive crane, but does not include
      a crane engaged in vehicle tow truck
      operations;
  order-picking fork-lift truck means a powered
       industrial truck of the type where the
       operator's control arrangement is
       incorporated with the load carriage or lifting
       media, and elevates with it;
  personnel and materials hoist means a powered
       builder's hoist by which people, goods or
       materials may be hoisted, and which
       comprises a car, structure, machinery or
       other equipment associated with the hoist,
       and which may be either a cantilever hoist, a
       tower hoist or a multiple winch operation;
  portal boom crane means a powered jib or boom
       crane mounted on a portal frame that is
       supported on runways along which the crane
       may travel;
  slewing mobile crane means a powered mobile
       crane incorporating a boom or jib that is
       capable of being slewed, but does not
       include a front-end loader, a backhoe, an
       excavator or similar equipment when
       configured for crane operation;




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                 tower crane means a powered jib or boom crane
                      mounted on a tower structure that is
                      demountable or permanent, and includes
                      both horizontal and luffing jib types;
                 vehicle loading crane means a powered slewing
                      crane mounted on a vehicle for the principal
                      purpose of loading and unloading the vehicle
                      and that has a capacity of 10 metre tonnes or
                      more.
         10 Tower crane operation licence
                 The scope of the work for this licence covers the
                 operation of tower cranes.
         11 Self-erecting tower crane operation licence
                 The scope of the work for this licence covers the
                 operation of self-erecting tower cranes.
         12 Derrick crane operation licence
                 The scope of the work for this licence covers the
                 operation of derrick cranes.
         13 Portal boom crane operation licence
                 The scope of the work for this licence covers the
                 operation of portal boom cranes.
         14 Bridge and gantry crane operation licence
                 The scope of the work for this licence covers the
                 operation of bridge and gantry cranes.
         15 Vehicle loading crane operation licence
                 The scope of the work for this licence covers the
                 operation of vehicle loading cranes.
         16 Non-slewing mobile crane operation licence
                 The scope of the work for this licence covers the
                 operation of non-slewing mobile cranes.




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17 Slewing mobile crane operation licence (up to
   20 tonnes)
        The scope of the work for this licence covers the
        operation of slewing mobile cranes with a
        capacity of 20 tonnes or less.
        The scope of the work for this licence includes the
        scope of the work for the non-slewing mobile
        crane licence and the vehicle loading crane
        licence.
18 Slewing mobile crane operation licence (up to
   60 tonnes)
        The scope of the work for this licence covers the
        operation of slewing mobile cranes with a
        capacity of 60 tonnes or less.
        The scope of the work for this licence includes the
        scope of the work for the non-slewing mobile
        crane licence and the vehicle loading crane
        licence.
19 Slewing mobile crane operation licence (up to
   100 tonnes)
        The scope of the work for this licence covers the
        operation of slewing mobile cranes with a
        capacity of 100 tonnes or less.
        The scope of the work for this licence includes the
        scope of the work for the non-slewing mobile
        crane licence and the vehicle loading crane
        licence.
20 Slewing mobile crane operation licence (open/over
   100 tonnes)
        The scope of the work for this licence covers the
        operation of slewing mobile cranes with any
        capacity.




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